Indigenous Advisory Committee Meeting Summaries and Minutes
Meeting Minutes: March 7, 2024
Thursday, March 7, 2024 |
Item 1: Opening Prayer, Welcome & Land Acknowledgement |
The Indigenous Advisory Committee (IAC) Vice-Chair called the meeting to order. The Chief of Staff provided a land acknowledgement from the traditional territories of the people of the Treaty 7 region in Southern Alberta, which includes the Blackfoot Confederacy (comprising the Siksika, Piikani, and Kainai First Nations). Treaty 7 territory also includes the Tsuut’ina First Nation, and the Stoney Nakoda (including the Chiniki, Bearspaw, and Wesley First Nations). The City of Calgary is home to Métis Nation of Alberta, Region III. The IAC Vice-Chair introduced the Elder Ruth Scalplock from Siksika First Nation, located east of Calgary, who opened the meeting with a story and prayer. Elder Scalplock shared her teachings about being grateful for each day that we have been provided and shared her personal story and journey. She thanked the Committee for their work influencing the processes for regulations in the energy sector and encouraged everyone to continue working together and towards a shared goal. |
Item 2: Preliminary Matters |
The Acting Chief of Staff provided an overview of the meeting agenda, and it was accepted via consensus. The IAC minutes from the joint Board-IAC meeting of November 29-30, 2023, were approved. |
Item 3: IAC Leadership Update |
This standing item was for information and discussion and advances the Relationships and Governance Work Priority, Deliverable #4. The IAC Vice-Chair noted that the written update summarized the communication, engagement, and other activities that IAC leadership undertook since the last IAC meeting. She noted her and the IAC Chairperson’s participation in a pipe ceremony in Calgary to kick-off the work process for the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration) Action Plan Measure (APM) 34. She also noted that IAC Members had been engaging in and providing feedback at one-on-one sessions with her and that a summary report of themes would be provided to Committee members following completion of all sessions. The discussion included:
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Item 4: CER Leadership Update – Updates from the Board Chair and CER CEO |
This standing item was for information and discussion and advances the Relationships and Governance Work Priority, Deliverable #3. The Board Chairperson thanked the Elder for their teachings and for getting the meeting started in a good way. He provided a few updates on discussions from the Board meetings earlier in the week including APM 34, the Onshore Pipeline Regulations (OPR) review, a session with the Canada Electricity Advisory Council on electrification across the country, and an update on the Nova Gas Transmission Ltd (NGTL) Indigenous Oversight Forum. Similar to the IAC, the Board is seeking to focus its attention on strategic and policy-level thinking, rather than delve into daily operations. Additionally, the Board Chairperson noted that they were looking forward to meeting the IAC in-person again at the upcoming meeting in June tentatively planned for the Vancouver region. The CEO thanked the Elder and staff for the practice of carrying out the land acknowledgement in a meaningful way to start the meeting off in a good way. She also thanked the Elder and IAC members for their teachings already provided at the start of the meeting and for their continued sharing and work with the Committee. She reiterated the CER’s commitment to taking a distinctions-based approach and that the organization continues to listen and incorporate the advice and teachings of the IAC. In her remarks she highlighted a few updates related to CER operational activities as they pertain to the IAC’s work plan priorities, including changes in leadership at the CER level, ongoing work on Action Plan Measure 34, progress on the Indigenous Recruitment, Retention and Advancement Strategy, as well as Diversity and Belonging initiatives, and ongoing engagements with the Indigenous Advisory and Monitoring Committees (IAMCs). She made note of the contribution of the IAC in changing how the CER approaches Crown Consultation and thanked them for their continued insight into this area of work, noting that there was a demonstrably different approach to consultation in the most recent hearing process on the NEBC Connector project, with positive results. The discussion included:
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Item 5: IAC Work Plan (2024-25) |
This item was for strategic advice and discussion and advances the Relationships and Governance Work Priority, Work Plan Deliverable #5. The acting Chief of Staff led and directed conversation to seek advice from the IAC on the draft IAC Work Plan. She indicated that the Work Plan covers a one-year time period and will lead into a three-year Work Plan with stronger alignment between the IAC and Board Work Plans. She also noted that relationships remain a key priority for the CER. The following strategic advice was provided:
Discussion also included:
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Item 6: Update on Action Plan Measure (APM) 34 – Governance |
This item was for information and discussion and advances the UN Declaration Work Priority, Work Plan Deliverable #9-13. The Executive Vice-President, Transparency and Strategic Engagement provided an overview of how the team has refocused their approach to implementing the UN Declaration APM 34 and the progress of work to date. Discussion included:
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Item 7: Cultural Intelligence Update |
This item was for strategic advice and discussion and Cultural Competency and Change Management Work Priority, Work Plan Deliverable #14-17. The Executive Vice-President, Transparency and Strategic Engagement provided an overview of CER efforts to develop and implement the Indigenous Cultural Intelligence (ICI) Framework, noting its renaming from Indigenous Cultural Competency Framework, following feedback provided by the IAC. Her presentation described what had been accomplished through the IACI framework within the IAC’s 2021-2024 Work Plan, the attributes of a culturally intelligent regulator, and next steps. The following strategic advice was provided:
Discussion also included:
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Item 8: NGTL Indigenous Oversight Forum Update |
This Item was for information and discussion and advances the Indigenous Peoples’ Involvement in Regulatory Oversight Work Priority, Work Plan Deliverable #18. The Executive Vice-President, Transparency and Strategic Engagement provided an update on work to advance the NGTL Indigenous Oversight Forum. The project is currently in Phase 3 of the critical path where, via intensive workshops, staff are focused on defining the governance, structure, and approach for the collaborative mechanism. Phase 3 is anticipated to wrap up in fall 2024. Discussion included:
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Item 9: Roundtable |
This Item was for discussion and advances the Relationships and Governance Work Priority, Work Plan Deliverable #5 IAC members went into a roundtable discussion to reflect on the meeting that took place and potential items for consideration moving forward, including improving and evolving how IAC members are engaged outside of the quarterly meetings, providing consideration for how the impact of the IAC could be effectively shared with different audiences, and simplifying how we communicate about the CER and the work of the IAC. IAC members took time to reflect on their roles in the Committee and how the governance structure could be adjusted. The Board Chairperson and CER staff also took time to reflect on and share their perspectives on how the IAC has impacted and influenced the CER since the Committee’s formation. |
Item 10: Closing Remarks |
The IAC Vice-Chairperson ended the meeting with closing remarks that summarized a few themes that emerged from the meeting and thanked everyone for their participation in continuing to build a positive relationship amongst one another and with the CER. |
Meeting Adjourned at 3:00 pm MT on February 9, 2022
Recording Secretary: Katherine Murphy, Chief of Staff
Meeting Summary: March 7, 2024
The Canada Energy Regulator’s (CER) Indigenous Advisory Committee (IAC) held a virtual meeting on 7 March 2024. It was opened with a prayer from Elder Ruth Scalplock from Siksika First Nation, located east of Calgary followed by welcoming remarks from the IAC Vice-Chair.
The IAC Vice-Chair gave an update on communication, engagement, and other activities they undertook since the last meeting. She noted her participation in a pipe ceremony in Calgary to kick-off the work process for the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration) Action Plan Measure (APM) 34 as well as updates from one-on-one discussions with IAC members. The Board Chairperson provided updates on Board discussions and activities, while the CEO highlighted key operational updates of interest to the IAC that occurred since the last meeting in November 2023. The acting Chief of Staff led conversation to seek advice from the IAC on a draft IAC Work Plan. Key advice included incorporating First Nations, Inuit, and Métis specific perspectives into the work of the CER, determining how to the effectively leverage the experience and strengths of IAC members, and enhanced communication amongst the Committee between quarterly meetings. The Executive Vice-President, Transparency and Strategic Engagement provided an overview of how their team has revised their approach to implementing the UN Declaration APM 34 following discussion with the IAC in November 2023 and the progress of work to date.
The Executive Vice-President, Transparency and Strategic Engagement provided an overview of CER efforts to develop and implement the Indigenous Cultural Intelligence (ICI) Framework, noting its renaming from Indigenous Cultural Competency Framework, following feedback provided by the IAC. The IAC encouraged the CER to develop processes to protect against Indigenous identity fraud as part of its framework. Finally, the Executive Vice-President, Transparency and Strategic Engagement also provided an update on work to advance the Nova Gas Transmission Ltd (NGTL) Indigenous Oversight Forum. The project is currently in Phase 3 of the critical path where, via intensive workshops, staff are focused on defining the governance, structure, and approach for the collaborative mechanism. Phase 3 is anticipated to wrap up in Fall 2024.
During the roundtable discussion, Committee members took time to reflect on the discussions that day, as well as more broadly on their roles as members of the IAC and what adjustments could be made moving forward to ensure meaningful and fulsome participation by all Committee members. The Board Chairperson and CER staff also took time to reflect on and share their perspectives on how the IAC has impacted and influenced the CER since the Committee’s formation.
The meeting concluded with a roundtable and closing remarks from the IAC Vice-Chair who wished everyone well.
Meeting Summary: November 29–30, 2023
The Canada Energy Regulator’s (CER) Indigenous Advisory Committee (IAC) and Board of Directors (Board) held an in-person joint meeting on 29 and 30 November 2023. It was opened with a prayer from Elder Art Cunningham from the Métis Nation of Alberta, Region III followed by welcoming remarks from the IAC Chair. Roundtable introductions were made to welcome the new Board Directors and Committee Member, along with invited guests, to the CER.
IAC Leadership gave an update on communication, engagement, and other activities they undertook since the last meeting. The IAC Vice-Chair highlighted leadership participation in the Line Wide Gatherings (LWGs) for both the Trans Mountain Expansion Project and Line 3 Replacement Project Indigenous Advisory and Monitoring Committees (IAMCs). The Board Vice-Chairperson provided updates on Board discussions and activities, while the Acting CEO highlighted key operational updates of interest to the IAC that occurred since the last meeting in October 2023. Throughout the updates, participants reaffirmed the importance of incorporating First Nations, Inuit, and Métis specific perspectives into the work of the CER to facilitate relationship building, particularly related to cultural competency and change management initiatives.
The Board, IAC and senior staff had a discussion about recent Commission decisions, including references in the decisions to Indigenous rights and interests, particularly related to the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration). Information shared was that which was already available on the public record. IAC members highlighted the importance of protecting Indigenous sites of significance.
The Executive Vice President, Transparency and Strategic Engagement, provided an introduction of external experts engaged to aid the CER in implementing the UN Declaration into the mandate of the CER and next steps for implementing the UN Declaration Action Plan Measure (APM) 34. APM 34 is a commitment for Natural Resources Canada (NRCan) and the CER to work in consultation and cooperation with First Nation, Métis and Inuit communities, governments and organizations to enhance Indigenous involvement in regulatory decision-making. Varying views were shared on next steps for APM 34 and further discussions will occur over the next months and at the next quarterly meeting.
On the second day, the Executive Vice President, People, Innovation and Results, led conversation with the IAC and Board on the CER strategic planning process as the organization undertakes the development of the 2024–2027 Strategic Plan. Key advice focused on explicit reference to constitutionally protected rights being recognized in the vision/mission of the strategic plan to reiterate its importance to the work of the CER.
There was brief discussion around the IAC’s Terms of Reference, with minor adjustments proposed and accepted as part of its annual review to align with the working experience of the IAC. Parallel to the conversations around the CER’s Strategic Plan, the IAC and Board had a substantial discussion around potential priorities and next steps for the IAC’s next Work Plan. Of note, views around tracking progress versus success were also voiced.
In reflecting back on the discussions of the last two days, Board Directors and Committee members acknowledged the difficulty in discussing certain subject matter however, overall, participants expressed appreciation for the space to have difficult conversations in a manner that reinforced and strengthened their relationships while tackling problems collaboratively.
The meeting concluded with closing remarks from the Board Chairperson and IAC Vice-Chairperson who wished everyone well.
I, the undersigned, hereby certify these to be the minutes of the Canada Energy Regulator Indigenous Advisory Committee and Board-IAC meetings held 29-30 November 2023.
Original signed by
______________________________
Chair of the IAC
Signed on: March 7, 2024
Original signed by
______________________________
Chair of the Board of Directors
Signed on: March 7, 2024
Original signed by
______________________________
Chief of Staff and Corporate Secretary
Signed on: March 7, 2024
Day 1: Joint Board-IAC November 29, 2023 |
Item 1: Opening Prayer, Welcome & Land Acknowledgement |
The Indigenous Advisory Committee (IAC) Chairperson called the meeting to order. The IAC Chairperson provided a land acknowledgement from the traditional territories of the people of the Treaty 7 region in Southern Alberta, which includes the Blackfoot Confederacy (comprising the Siksika, Piikani, and Kainai First Nations). Treaty 7 territory also includes the Tsuut’ina First Nation, and the Stoney Nakoda (including the Chiniki, Bearspaw, and Wesley First Nations). The City of Calgary is home to Métis Nation of Alberta, Region 3. The meeting opened with a prayer from Elder Art Cunningham from Métis Nation of Alberta Region 3 and he shared his experiences as an Indigenous person working in the energy industry over time. |
Item 2: Preliminary Matters |
The Board Vice-Chairperson introduced two new Directors, Darlene Halwas and Dale Eisler, who recently joined the Board. The IAC Chairperson noted that a new Committee member, Félix Aupalu, joined the IAC as well. The Acting Chief of Staff introduced and acknowledged the attendance of other guests at the meeting – UN Declaration experts, Cheyenna Hunt and Madeleine Redfern, and Indigenous Advisory and Monitoring Committee (IAMC) Indigenous Co-Chairs of the Trans Mountain Expansion Project (TMEP), Raymond Cardinal, and Line 3 Replacement Project (Line 3), Richard Aisaican. Roundtable introductions were conducted to meet and greet all participants in the meeting. The Acting Chief of Staff provided an overview of the meeting agenda, and it was accepted via consensus. The IAC minutes from October 3-4, 2023 were approved. |
Item 3: IAC Leadership Update |
This standing item was for information and discussion and advances the Relationships and Governance Work Priority, Deliverable #4. The IAC Vice-Chair summarized the communication, engagement, and other activities that IAC leadership undertook since the last IAC meeting. The IAC Vice-Chair highlighted leadership participation in the Line Wide Gatherings (LWGs) for both the TMEP and Line 3 IAMCs. She made note of a few themes she saw emerge from the LWGs including, but not limited to, the importance of recognizing sacred sites, building capacity amongst Indigenous nations to participate in guardianship and emergency management, consideration of IAMC-type bodies for other projects, preservation of biodiversity and remediation efforts, and access to private lands, healthcare, and necessities. There was a brief discussion around access to private lands and its importance to carrying out effective monitoring of projects. |
Item 4: CER Leadership Update Updates from the Board Chair and CER CEO |
This standing item was for information and discussion and advances the Relationships and Governance Work Priority, Deliverable #3. The Board Vice-Chairperson provided a land acknowledgement from the traditional territories of the people of the Treaty 7 region in Southern Alberta, also home to Métis Nation of Alberta, Region III. She highlighted a variety of meetings that took place over the fall, including a special meeting of the Board in Ottawa to discuss the CER’s draft 2024–27 Strategic Plan. She noted a few items that came before the Board during their regular quarterly meetings, including discussions and updates around the CER’s enterprise risk management framework, CER’s quarterly performance, the organization’s workforce plan, and the Business Council of Alberta’s report. The Acting CEO highlighted a few updates related to CER operational activities as they pertain to the IAC’s work plan priorities, including the strategic planning process, ongoing work on the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration) Action Plan Measures (APM), and the new “Advancing Reconciliation” internal CER staff award. In terms of engagement with Indigenous partners, the Acting CEO highlighted updates related to the renewal of the IAMCs, attendance at the IAMC LWGs, and development of an oversight forum for the Nova Gas Transmission Ltd. System (NGTL). She also briefly noted completed and future crown consultation activities, and upcoming activities related to Energy Futures 2023. The discussion included:
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Item 5: Recent Commission decisions and considerations of the UN Declaration on the Rights of Indigenous Peoples (UN Declaration) |
This item was for discussion and strategic advice and advances the UN Declaration Work Priority, Work Plan Deliverable #9-13. The Board Chairperson and Acting CEO provided an overview of the intention of the session to provide space and opportunity to walk through recent Commission decisions, including references to consideration of Indigenous rights and interests, particularly related to the UN Declaration. The discussion included:
The following strategic advice was provided:
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Item 6: Implementation of the UN Declaration in the CER Mandate |
This item was for strategic advice and discussion and advances the UN Declaration Work Priority, Work Plan Deliverable #9-13. The Executive Vice President, Transparency and Strategic Engagement, provided an introduction of the experts engaged to aid the CER in implementing the UN Declaration into the mandate of the CER. She also provided an overview of the work completed and planned regarding the UN Declaration Action Plan Measure (APM) 34. A Director General from Natural Resources Canada (NRCan) as well as IAMC Indigenous Caucus Co-Chairs were present for this item. A significant discussion took place around the path forward for the development and implementation of APM 34. A variety of views were expressed around the roles and relationships between the IAMCs and IAC, noting general consensus and agreement about the important role the IAMCs have in working with the CER in delivering on its regulatory oversight responsibilities. There was a common understanding that work on the implementation of APM will require several parties to work collaboratively together. Identifying the right partners to work with is a key component. Further discussion is required to identify and articulate the role of the Board and IAC regarding APM 34 Implementation. The following strategic advice was provided:
The IAC and Board requested a status update on this item come to the next quarterly meeting in March 2024. |
Day 2: Joint Board-IAC November 30, 2023 |
Item 7: Welcome & Land Acknowledgement |
The IAC Chair opened the meeting and welcomed IAC members back to the meeting. The Board Chair walked through the agenda and plan for the day. |
Item 8: Strategic Planning for 2024–2027 |
This item was for strategic advice and discussion and advances the Relationships and Governance Work Priority, Work Plan Deliverable #7. The Executive Vice President, People, Innovation and Results, provided an overview of the plan and timeline for the development and finalization of the CER’s 2024–2027 Strategic Plan. The following strategic advice was provided:
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Item 9: IAC Terms of Reference |
This item was for strategic advice and discussion and advances the Relationships and Governance Work Priority, Work Plan Deliverable #1. The Acting Chief of Staff provided an update on proposed changes to the IAC’s Terms of Reference (TOR). Discussion around the IAC’s TOR focused predominantly on word smithing. There was also a significant discussion around codifying the relationship between the IAMCs and IAC. In addition to a few wording changes that will be integrated, the following broader strategic advice was provided:
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Item 10: 2024–27 IAC Work Plan – Next Steps |
This item was for strategic advice and discussion and advances the Relationships and Governance Work Priority, Work Plan Deliverable #5. The Acting Chief of Staff provided an overview of the IAC’s 2024–2027 Work Plan discussion to date for the benefit of Board Directors and sought recommendations from all participants on how to advance the development of the work plan. The discussion included:
The following strategic advice was provided:
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Item 11: Roundtable |
This Item was for discussion and advances the Relationships and Governance Work Priority, Work Plan Deliverable #5 The IAC Vice-Chair led IAC members in a roundtable discussion to reflect on the meeting that took place and potential items for consideration moving forward, including major initiatives under consideration for inclusion in the IAC’s 2024–27 Work Plan. Both Board Directors and Committee Members acknowledged the difficulty in discussing certain subject matters and the complexity of the issues faced. However, overall, participants expressed appreciation for the space to have difficult conversations in a manner that reinforced and strengthened their relationships while collaboratively tackling challenging topics. |
Item 12: Closing Remarks |
The Board Chairperson ended the second and final day of meetings with closing remarks, thanked everyone for their participation in continuing to build a positive relationship amongst one another and with the CER. |
Meeting Summary: October 3–4, 2023
The Canada Energy Regulator’s (CER) Indigenous Advisory Committee (IAC) held a virtual meeting on 3 and 4 October 2023. It was opened with a prayer from Elder Art Cunningham from the Métis Nation of Alberta, Region III followed by welcoming remarks from the IAC Vice-Chair.
IAC Leadership gave an update on communication, engagement, and other activities they undertook since the last meeting. The Vice-Chair made note of the release of the second annual IAC Progress and Impact report, ongoing discussions with the CER related to strategic planning, and highlighted upcoming opportunities for Committee members to engage with the Indigenous Advisory and Monitoring Committees (IAMCs). The Board Chairperson provided updates on Board discussions and activities, while the Acting CEO highlighted key operational updates of interest to the IAC that occurred since the last meeting in June 2023. Throughout the updates, participants discussed the importance of incorporating a First Nations, Inuit, and Métis specific perspectives into the work of the CER to facilitate relationship building.
The Executive Vice President, People, Innovation and Results, led conversation with the IAC on the CER strategic planning process as the organization undertakes the development of the 2024–27 Strategic Plan. Key advice included the continued priority of the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration) within the Strategic Plan and addition of cultural intelligence and respect for right concepts. The plan should also acknowledge that there are diverse perspectives of First Nations, Inuit, and Métis Nations.
Parallel to the conversations around the CER’s Strategic Plan, the IAC had a substantial discussion looking back on the progress of the Committee to date and potential markers of success in terms of the IAC’s impact both internal and external to the CER. This preliminary conversation helps to set the stage for a continuation of the discussion at the next IAC meeting to set out the parameters of work priorities and focus for the development of the 2024–27 IAC Work Plan.
On the second day, the IAC heard updates from the Professional Leader Reconciliation on the CER’s efforts to implement the UN Declaration, including the Action Plan Measures, into the organization’s mandate and ongoing discussions on the renewal of the Indigenous Advisory and Monitoring Committees (IAMCs). Both discussions reiterated the importance of early and substantial involvement of the IAMCs and impacted groups in the development process of these initiatives.
The IAC also received an update on the Energy Futures 2023 report, including underlying assumptions for modeling, reception of the report, and communication strategies utilized. Committee members expressed interest and excitement in the energy transition implications and noted the importance of exploring ways to incorporate First Nations, Inuit, and Métis Nations involvement and perspectives in the net-zero transitions process.
In reflecting back on the discussions of the last two days, Committee members were encouraged with the direction of work at the CER.
The meeting concluded with a roundtable and closing remarks from the IAC Vice-Chair who wished everyone well.
Day 1: IAC October 3, 2023 |
Item 1: Opening Prayer, Welcome & Land Acknowledgement |
The Indigenous Advisory Committee (IAC) Vice-Chair called the meeting to order. The Chief of Staff provided a land acknowledgement from the traditional territories of the people of the Treaty 7 region in Southern Alberta, which includes the Blackfoot Confederacy (comprising the Siksika, Piikani, and Kainai First Nations). Treaty 7 territory also includes the Tsuut’ina First Nation, and the Stoney Nakoda (including the Chiniki, Bearspaw, and Wesley First Nations). The City of Calgary is home to Métis Nation of Alberta, Region III. The meeting opened with a prayer from Elder Art Cunningham from Métis Nation of Alberta Region 3. He thanked the Committee for their work influencing the processes for regulations in the energy sector. |
Item 2: Preliminary Matters |
The Associate General Counsel and Committee members briefly discussed the adjudicative independence of the CER Commission and IAC Terms of Reference that note that the IAC does not deal with specific projects nor offers advice on any particular decision. There was also discussion on leveraging lessons learned. The Acting Chief of Staff provided an overview of the meeting agenda, and it was accepted via consensus. The IAC minutes from June 14-15, 2023 were approved. |
Item 3: IAC Leadership Update |
This standing item was for information and discussion and advances the Relationships and Governance Work Priority, Deliverable #4. This standing item was for information and discussion and advances the Relationships and Governance Work Priority, Deliverable #4. The IAC Vice-Chair noted that the written update summarized the communication, engagement and other activities that IAC leadership undertook since the last IAC meeting. The IAC Vice-Chair made note of the release of the second annual IAC Progress and Impact report highlighting tangible instances where IAC guidance is driving positive change within the organization. The Vice-Chair also noted ongoing discussions with the CER related to strategic planning, and highlighted upcoming opportunities for Committee members to engage with the Indigenous Advisory and Monitoring Committees (IAMCs). The IAC Chair noted the general intentions for streamlining the development of the next iteration of the IAC Work Plan, which would be further discussed with IAC members during this meeting. |
Item 4: CER Leadership Update Updates from the Board Chair and CER CEO |
This standing item was for information and discussion and advances the Relationships and Governance Work Priority, Deliverable #3. The Board Chair provided a few updates noting that two new directors joined the Board and were looking forward to meeting the IAC at the upcoming in-person meeting in November. He indicated that the Board, similar to the IAC, would be seeking to streamline the next iteration of the Board’s work plan and how both work plans would seek to align and compliment the CER’s strategic plan. He noted his planned attendance at upcoming meetings in Ottawa and the IAMC Line Wide Gatherings taking place and provided a brief update on the Board Regular and Committee meetings last week. The Acting CEO highlighted a few updates related to CER operational activities as they pertain to the IAC’s work plan priorities, including changes in leadership at the CER level, and ongoing work on the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration) Action Plan Measures (APM) and the implementation of the CER’s Diversity and Belonging Roadmap. In terms of engagement with Indigenous partners the Acting CEO highlighted work related to the renewal of the IAMCs, attendance at the IAMC Line Wide Gatherings, Phase 2 engagement of the Onshore Pipeline Regulations Review, and development of an oversight forum for the Nova Gas Transmission Ltd. System (NGTL). The discussion included:
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Item 5: Strategic Planning for 2024–2027 |
This item was for strategic advice and discussion and advances the Relationships and Governance Work Priority, Work Plan Deliverable #7. The Executive Vice President, People, Innovation and Results, led and directed conversation to seek advice from the IAC on what considerations to account for as the CER undertakes the development of its 2024–2027 Strategic Plan. The following strategic advice was provided:
Discussion also included:
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Item 6: Orienting towards IAC Work Plan 2024–27 |
This item was for strategic advice and discussion and advances the Relationships and Governance Work Priority, Work Plan Deliverable #5. The Professional Leader, Reconciliation led and directed a preliminary conversation to seek advice from the IAC for developing the IAC Work Plan 2024–27 including discussion of areas of focus going forward, desired impact of the IAC and how success is measured. In the presentation, the PL Reconciliation grouped the feedback and advice received to date from the IAC into four general categories: relationships, cultural intelligence, advice, and governance. Strategic Advice received on the four themes are as follows:
During this preliminary discussion, IAC members provided reflection and strategic advice to orient towards the next iteration of the IAC Work Plan. Discussion focused in three areas: how Committee members view success, ideally what the impact the IAC would have internally and externally, and potential areas of focus for the 2024–2027 Work Plan. Markers of Success Potential markers of success discussed included:
Impact of the IAC
Areas of Focus
The following additional strategic advice was provided:
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Day 2: IAC October 4, 2023 |
Item 7: Welcome & Land Acknowledgement |
The IAC Chair opened the meeting and welcomed IAC members back to the meeting. The Board Chair walked through the agenda and plan for the day. |
Item 8: Implementation of the UN Declaration in the CER Mandate |
This item was for strategic advice and discussion and advances the UN Declaration Work Priority, Work Plan Deliverable #9-13.
The following strategic advice was provided:
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Item 9: Update on Indigenous Peoples’ Involvement in Regulatory Oversight |
This item was for strategic advice and discussion and advances the Indigenous peoples’ involvement in regulatory oversight Work Priority, Work Plan Deliverable #18. The Professional Leader, Reconciliation provided an update on the renewal of the Indigenous Advisory and Monitoring Committees (IAMC) and went over the presentation in detail. The following strategic advice was provided:
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Item 10: Energy Futures 2023 |
This Item was for information and discussion and advances the Relationships and Governance Work Priority, Work Plan Deliverable #3. The CER’s Chief Economist provided an overview of the highlights of the Energy Futures 2023 Report (including response to the report, communication strategy, etc.). Discussion included:
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Item 11: Roundtable |
This Item was for discussion and advances the Relationships and Governance Work Priority, Work Plan Deliverable #5 IAC members went into a roundtable discussion to reflect on the meeting that took place and potential items for consideration moving forward. Overall, Committee members felt that they were provided with sufficient room and space to delve deeper into topics for fulsome discussion and felt encouraged with the direction of work at the CER. The IAC was keenly interested in seeing how they could be involved and contribute to the work related to energy futures and the energy transition discussion at the CER. |
Item 12: Closing Remarks |
The IAC Vice-Chairperson ended the second and final day of meetings with closing remarks, thanked everyone for their participation in continuing to build a positive relationship amongst one another and with the CER. |
Meeting Summary: June 14–15, 2023
The Canada Energy Regulator’s (CER) Indigenous Advisory Committee (IAC) held a hybrid meeting at CER offices on 14 and 15 June 2023. The majority of the meeting was a joint meeting between the IAC and CER Board of Directors (Board). It was opened with a story from Elder Paul Bercier from the Métis Nation of Alberta, Region III followed by welcoming remarks from the IAC Chair. The CEO and departing members of the IAC were honoured with gifts to thank them for their service.
A facilitator led a conversation between the IAC and Board on the CER strategic planning process as the organization undertakes the development of the 2024–2027 Strategic Plan. The session provided an early opportunity to provide input into the planning process. Key advice included the continued priority of the United Nations Declaration in the Rights of Indigenous Peoples (UN Declaration) within the Strategic Plan.
IAC Leadership gave an update on communication, engagement, and other activities they undertook since the last meeting. Included was information on the Vice-Chair’s talk at CAMPUT 2023 in Toronto. The Indigenous Caucus Co-Chairs of the Line 3 Replacement Project (Line 3) and Trans Mountain Expansion Project (TMX) Indigenous Advisory and Monitoring Committees (IAMCs) joined the meeting and also provided an update on their respective committees.
Staff provided an overview and background presentation on the fundamentals of the Onshore Pipeline Regulations (OPR). The presentation covered the CER’s Regulatory Framework and Onshore Pipeline Regulations, an overview of OPR compliance tools and planning, context surrounding the current OPR review, and next steps.
The IAC also heard from staff on the key points of the Review and Learn that the Crown Consultation team undertook on the NGTL West Path Delivery 2023 Project. An Elder from Ermineskin Cree Nation attended and provided her perspectives, concerns and expectations regarding consultation.
On the second day, the Board Chair provided updates from recent discussions of the Board, including the positive impact of the IAC on the Board and CER, and noted the evolving way that IAC advice is responded to. The CEO offered operational updates related to a variety of topics that align with the IAC’s Work Plan priorities, including ongoing work related to Indigenous engagement mechanisms and how IAC advice has been incorporated into the Onshore Pipeline Regulations (OPR) review process and Filing Manual update.
A draft of the IAC Annual Progress and Impact Report was generally endorsed which incorporated the feedback provided during the March meetings and a meeting with the Vice-Chair. Further, the final year of the 2021–24 IAC Work Plan was confirmed.
The CER’s General Counsel provided an overview of work that has taken place since the March meetings on the implementation of the UN Declaration of the Rights of Indigenous Peoples, including the Action Plan Measure co-developed between the CER, TMX-IAMC and Natural Resources Canada as well as advancing engagement with experts on the UN Declaration.
Discussions over the two days touched on the need to be in the field and connect with communities, as well as spending more time together as the IAC and with the Board. The importance of the emotions of Indigenous peoples and what reconciliation feels, sounds and looks like was also considered. Additionally, the need to understand each other, share world views and build trust was often raised during the meeting.
The meeting concluded with a roundtable and closing remarks from the IAC Chair who wished everyone well.
I, the undersigned, hereby certify these to be the minutes of the Canada Energy Regulator Indigenous Advisory Committee and Board-IAC meetings held 14-15 June 2023.
Original signed by
______________________________
Chair of the IAC
Signed on 13 October 2023
Original signed by
______________________________
Chair of the Board of Directors
For Joint Board-IAC Meeting Only
Signed on 14 June 2023
Original signed by
______________________________
Chief of Staff and Corporate Secretary
Signed on 14 June 2023
Day 1: Joint Board-IAC, Wednesday Morning, 14 June 2023 |
Item 1: Opening Prayer, Welcome & Land Acknowledgement |
The Indigenous Advisory Committee (IAC) Chair called the meeting to order. The meeting opened with a story from Elder Paul Bercier from the Métis Nation of Alberta, Region III, who was introduced by staff from the Indigenous Relations and Reconciliation team. Elder Bercier presented the IAC and Board Chairs with a book on the history of the Métis Nation. The Chair of the Board provided a land acknowledgement from where the meeting took place, on the traditional territories of the people of the Treaty 7 region in Southern Alberta, which includes the Blackfoot Confederacy (comprising the Siksika, Piikani, and Kainai First Nations). Treaty 7 territory also includes the Tsuut’ina First Nation, and the Stoney Nakoda (including the Chiniki, Bearspaw, and Wesley First Nations). The City of Calgary is home to Métis Nation of Alberta, Region III. The IAC Chair provided opening remarks, welcoming participants to the meeting. The Chair, Vice-Chair, and Harvey McLeod honoured Dr. Marie Delorme with an eagle feather that will continue its journey with her as her term on the committee ends. The IAC Vice-Chair, on behalf of IAC members, honoured Gitane De Silva with a blanket ceremony to thank her for her service as CEO of the CER. To mark Indigenous History Month, the IAC Vice-Chair presented attendees with a gift of tea from Anishinaabe territory. Harvey McLeod presented the Chair of the Board with a beaded lanyard and gifted a drum to the CER to keep in the Elder’s Room for use in future ceremonies. Jessica Bratty, facilitator, led the group into an opening activity including inviting participants to introduce themselves and shared one or two words that represent key opportunity for the CER in its work to advance reconciliation. |
Item 2: Preliminary Matters |
The Acting Chief of Staff provided an overview of the meeting agenda, and it was accepted via consensus. Ray Cardinal Indigenous Caucus Co-Chair of the Transmountain Expansion Indigenous Advisory Committees (IAMC) and Richard Aisaican Indigenous Caucus Co-Chairs of the Line 3 IAMCs introduced themselves to the group. |
Item 3: Strategic Planning for 2024–2027 |
This item was for strategic advice and discussion and advances the Relationships and Governance Work Priority, Work Plan Deliverable #7. The facilitator led and directed conversation to seek advice from the IAC on what considerations to account for as the CER undertakes the development of its 2024–2027 Strategic Plan. Discussion included:
The following strategic advice was provided:
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Day 1: IAC, Wednesday Afternoon, 14 June 2023 |
Item 4: IAC Leadership Update |
This standing item was for information and discussion and advances the Relationships and Governance Work Priority, Deliverable #4. The IAC Chair and Vice-Chair summarized the communication, engagement and other activities they undertook since the last IAC meeting. Discussions pertaining to leadership meetings and CER activities were shared throughout the meeting. This item included a brief discussion of the Vice-Chair’s talk at CAMPUT 2023 in Toronto and of a previous discussion with the Co-Chairs of the Line 3 and TMX IAMCs. In addition, updates were provided on progress towards a nominee from the Inuit Tapiriit Kanatami (ITK) to take part in the IAC, bilateral meetings between the Board and IAC Chairs, and upcoming agenda items. |
Item 5: Learning and sharing item / Onshore Pipeline Regulations 101 |
This item was for learning and sharing and advances the Indigenous Peoples’ Involvement in Regulatory Oversight Work Priority, Deliverable #18. The Director, Regulatory Policy, and her team provided an overview and background presentation on the fundamentals of the Onshore Pipeline Regulations (OPR). The presentation covered the CER’s Regulatory Framework and OPR, an overview of OPR compliance tools and planning, context surrounding the current OPR review, and next steps. Discussion included:
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Item 6: Crown Consultation and Accommodation |
This item was for strategic advice and discussion and advances the Crown Consultation and Accommodation Work Priority, Work Plan Deliverable #21. The Acting Executive Vice President, Transparency and Strategic Engagement and the Director, Crown Consultation, summarized the key points of the Review and Learn that the Crown Consultation Coordinator (CCC) team undertook on the NGTL West Path Delivery 2023 Project. They also provided an overview of the newly enhanced funding mechanisms available at the CER. Elder Carol Wildcat of Ermineskin Cree Nation was invited by the CCC to offer feedback on how the Crown consultation process worked for its community. Elder Wildcat expressed that she is a keeper of Mother Earth laws in her community in which the Creator brought her to the meeting to speak the truth of her ancestors and future generations. Discussion included:
The following strategic advice was provided:
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Day 2: Joint Board-IAC, Thursday, 15 June 2023 |
Item 7: Welcome & Land Acknowledgement |
The IAC Chair opened the meeting and welcomed IAC members back to the meeting. The Board Chair walked through the agenda and plan for the day. The IAC meeting minutes for March 8-9, 2023, were approved. |
Item 8: CER Leadership Update – Updates from the Board Chair and CER CEO |
This standing item was for strategic advice and discussion and advances the Relationships and Governance Work Priority, Deliverable #3. The Board Chair highlighted updates that have been made to the IAC Advice Register. She also shared updates from the recent Board quarterly meeting and her recent engagements in Ottawa for awareness. In particular she shared:
The Acting CEO provided updates related to CER operational activities as they pertain to the IAC’s work plan priorities, including:
The following strategic advice was provided:
The discussion also included:
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Item 9: : IAC Progress and Impact Report |
This item was for strategic advice and discussion and advances the Cultural Competency and Change Management Work Priority; Work Plan Deliverable #17. The Acting Chief of Staff provided an overview of the draft IAC annual Progress and Impact Report which incorporates the feedback provided during the March meetings and a meeting with the Vice-Chair. The purpose of the item was to seek co-endorsement of the draft report and seek advice/input on the report prior to publication. The IAC and Board expressed appreciation for the report and generally endorsed the document with a request to solicit quotes from all IAC members and to revisit the visual portrayal of progress meters. |
Item 10: Perspectives of the IAMC Co-Chairs |
This item was for discussion and advances the Relationships and Governance Work Priority, Work Plan Deliverable #8. The Chair of the Board introduced the Indigenous and Federal Co-Chairs for both the Trans Mountain Expansion Project (TMX) and Line 3 Replacement Project (Line 3) IAMCs. The Indigenous Caucus Co-Chairs discussed some key observations challenges and accomplishments with respect to their IAMCs, as detailed below. The Federal Co-Chairs were also present. Key topics and discussion points raised included:
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Item 11: Implementation of the UN Declaration in the CER Mandate |
This item was for information and discussion and advances the UN Declaration Work Priority, Work Plan Deliverable #9-13. The CER’s General Counsel provided an overview of work that has taken place since the March meetings, including CER efforts to support the Action Plan being developed by the broader Government of Canada and advancing engagement with experts on the UN Declaration. Topics of discussion included:
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Item 12: Year Three of Work Plan: 2021–24 |
This Item was for strategic advice and discussion and advances the Relationships and Governance Work Priority, Work Plan Deliverable #3. The Acting Chief of Staff provided opening remarks to the IAC Work Plan 2021–24 item with an intent to seek advice on and confirm the final year of the 2021–24 IAC Work Plan, confirm the themes that are aligned with priorities for each of the remaining meetings during year three, and consider proposed next steps towards the 2024–27 Work Plan. Discussion included:
Year three of the Work Plan was endorsed with a request for the secretariat to revisit the approach to reporting back to the Committee on how their advice was actioned. |
Item 13: Roundtable |
This Item was for discussion and advances the Relationships and Governance Work Priority, Work Plan Deliverable #5 IAC members went into a roundtable discussion to reflect on the meeting that took place and potential items for consideration moving forward. Topics of discussion included:
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Item 14: Closing Remarks |
The IAC Chairperson ended the second and final day of meetings with closing remarks and wished everyone well. |
Meeting Summary: March 8–9, 2023
The Canada Energy Regulator (CER) Indigenous Advisory Committee (IAC) held a meeting virtually on March 8-9, 2023. The meeting was opened with a prayer from Elder Arthur Cunningham from the Métis Nation of Alberta, Region III followed by welcoming remarks from the IAC Chairperson.
The IAC Leadership gave an update on communication, engagement, and other activities that occurred since the last meeting. They also provided an overview of themes that emerged during discussions regarding the IAC self-assessments that took place.
The CER Chairperson provided updates from recent discussions of the Board, including Board agenda items, the positive impact of the IAC on the Board and CER, and noted the evolving way that IAC advice is responded to. The CEO offered operational updates related to a variety of topics that align with the IAC’s Work Plan priorities, including ongoing work related to Indigenous Engagement Mechanisms and how IAC advice has been incorporated into the Onshore Pipeline Regulations (OPR) review process and Filing Manual update.
The Chief of Staff provided an overview of the proposed approach for the second annual IAC progress and impact report with IAC members advising on its format and content approach. The Committee received an update on the engagement process with experts on the implementation of the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration) that the CER is undertaking. IAC members also received an update on the Department of Justice’s work related to the development of an Action Plan Measures report.
The Executive Vice President, Transparency and Strategic Engagement, with support from the Acting Vice President, Indigenous Relations and Reconciliation, provided an update on the CER’s roadmap for Indigenous Peoples’ involvement in oversight. IAC Committee members highlighted the consultation fatigue felt by Indigenous communities and the need to focus on implementation leveraging previous research, as possible. The Acting Vice President, Indigenous Relations and Reconciliation, provided an update on the CER’s Indigenous Procurement Strategy that aligns with the modernized federal government Procurement Strategy for Indigenous Business (PSIB). IAC Committee Members noted the important of protecting against Indigenous identity fraud in the procurement process and the role of the CER in influencing industry’s standard on Indigenous procurement.
On the second day, the Committee received a preliminary update from the Executive Vice President, Regulatory, on the CER’s role as Crown Consultation Coordinator, using the NOVA Gas Transmission Ltd. (NGTL) West Path Delivery 2023 Project as a case study. The IAC anticipates further discussion at the next IAC meeting.
The Chief of Staff sought advice on the final third year of the IAC 2021–24 Work Plan and what considerations should be taken into account during the development of the next iteration of the IAC Work Plan. IAC members then engaged in a roundtable discussion and reflected on the meeting that took place and potential items for consideration moving forward.
The meeting concluded with closing remarks from the IAC Chairperson who wished everyone well.
Day 1: IAC, Wednesday, March 8, 2023 |
Item 1: Opening Prayer, Welcome & Land Acknowledgement |
The Indigenous Advisory Committee (IAC) Chairperson called the meeting to order. The meeting opened with a prayer from Elder Arthur Cunningham from the Métis Nation of Alberta, Region III, who was introduced by staff from the Indigenous Relations and Reconciliation team. The IAC Chairperson provided opening remarks, welcoming participants to the meeting and thanking Elder Arthur Cunningham for starting off the meeting in a good way. |
Item 2: Preliminary Matters |
The Chief of Staff provided an overview of the meeting agenda and it was accepted via consensus. She also welcomed the Professional Leader, Reconciliation, and noted the addition of her attendance and support at future IAC meetings. The IAC meeting minutes for November 30-December 1, 2022, were approved, acknowledging the change to reflect joint IAC-Board meetings with signing by both the IAC and Board Chairs. |
Item 3: IAC Leadership Update |
This standing item was for information and discussion and advances the Relationships and Governance Work Priority, Deliverable #4. The IAC Chairperson and Vice-Chairperson summarized the communication, engagement and other activities undertaken by IAC leadership since the last IAC meeting. Discussions pertaining to leadership meetings and CER activities were shared throughout the meeting. There was a brief discussion of planned engagement with National Indigenous Organizations (NIOs) and upcoming agenda items. A debrief of themes that emerged during the IAC self-assessment discussions was also provided. Themes included, but are not limited to:
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Item 4: CER Leadership Update – Updates from the Board of Board Chair and CER CEO |
This standing item was for information and discussion and advances the Relationships and Governance Work Priority, Deliverable #3. The Board Chairperson provided a land acknowledgement from where she was situated on the traditional and unceded ancestral lands of the Lkwungen People, in particular, the Esquimalt and Songhees First Nations on south Vancouver Island. The Board Chairperson highlighted updates that have been made to the IAC Advice Register including that it now reflects how the CER is responding to the blended advice that is provided at joint Board-IAC meetings. She also shared updates from the recent Board quarterly meeting for awareness:
An update was also provided on planned engagements in Ottawa with NIOs and government departments to discuss both the work of the IAC. Indigenous Advisory and Monitoring Committee (IAMC) renewal also remains top of mind, particularly following meetings between the Board Chairperson and Chairpersons of the IAMCs for both the Trans Mountain Expansion Project (TMX) and Line 3 Replacement Project (Line 3). The CEO provided updates related to CER operational activities as they pertain to the IAC’s work plan priorities, including:
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Item 5: IAC Progress and Impact Report |
This item was for strategic advice and discussion and advances the Relationships and Governance Work Priority; Work Plan Deliverable #3. The Chief of Staff provided an overview of the proposed approach for the second iteration of the IAC’s annual progress and impact report. The purpose of the item was to seek advice and input from the Committee on the format and themes of the report. The following strategic advice was provided:
Staff confirmed the next steps for the report would be to: integrate the advice of the IAC, further discuss with the Professional Leader Reconciliation, and to bring a draft report to the IAC in June for their endorsement. |
Item 6: Implementing the UN Declaration within the CER’s Mandate |
This item was for information and discussion and advances the UN Declaration Work Priority, Work Plan Deliverables #9-13. The CER’s General Counsel provided an overview of work that has taken place since the September meetings, including potential CER support of specific proposed Action Plan Measures under the work being led by the Department of Justice (DOJ) on the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration) Act, and work underway at the CER to implement the UN Declaration, such as engaging with experts identified by the IAC. He also highlighted the importance of the relationship between the IAC and the CER in moving work on the UN Declaration forward. Topics of discussion included:
The IAC will receive an update on the work progress at the next quarterly meeting though staff noted that given the limited time between meetings the progress may not be substantial. |
Item 7: Enhancing the Involvement of Indigenous Peoples in Regulatory Oversight |
This item was for information and discussion and advances the Indigenous Peoples’ Involvement in Regulatory Oversight Work Priority, Work Plan Deliverable #18. The Executive Vice President, Transparency and Strategic Engagement, with support from the Acting Vice President, Indigenous Relations and Reconciliation, provided an update on the CER’s roadmap for Indigenous Peoples’ involvement in oversight. The purpose of the item was to provide the Committee with an update on work underway, including renewing and deepening relationships with the IAMCs, engagement with Indigenous Nations and communities impacted by projects, and research on best practices in other jurisdictions. Topics of discussion included:
Staff will continue with work as planned in the roadmap and continue to seek dialogue with the IAC when further guidance is required. |
Item 8: Indigenous Procurement Strategy |
This item was for information and discussion and advances the Cultural Competency and Change Management Work Priority, Work Plan Deliverable #15 The Acting Vice President, Indigenous Relations and Reconciliation, provided an update on the strategy that aligned with the modernized federal government Procurement Strategy for Indigenous Business (PSIB). The purpose of the item was to seek confirmation from the Committee that the CER’s Indigenous Procurement Strategy (IPS) reflects the spirit and intent of advice previously provided by the IAC to the organization. Topics of discussion included:
Staff noted their appreciation for the conversation and will consider the comments as the implementation of the IPS continues. |
Day 2: IAC, Thursday, March 9, 2023 |
Item 9: Welcome & Land Acknowledgement |
The Chairperson opened the meeting and welcomed IAC members back to the meeting. He also walked through the agenda and plan for the day. |
Item 10: Crown Consultation/West Path Update |
This Item was for information and discussion and advances the Crown Consultation and Accommodation Work Priority, Work Plan Deliverable #21. The Executive Vice President, Regulatory, supported by the Director, Crown Consultation, provided an overview of the CER’s recent, ongoing, and future Crown Consultation activities and initiatives. The purpose of the item was to provide a preliminary update and seek advice on the CER’s role as Crown Consultation Coordinator, using the NOVA Gas Transmission Ltd. (NGTL) West Path Delivery 2023 Project as a case study. Topics of discussion included:
Staff are concluding the review and learn session with Indigenous participants in the NGTL West Path hearing process. A more detailed Crown Consultation and Accommodation update, inclusive of further details on funding opportunities, will be provided at the next quarterly IAC meeting. |
Item 11: IAC Work Plan |
This Item was for strategic advice and discussion and advances the Relationships and Governance Work Priority, Work Plan Deliverable #3. The Chief of Staff provided opening remarks to the IAC Work Plan 2021–24 item with an intent to seek advice on and confirm the final year of the 2021–24 IAC Work Plan, determine priorities within the Work Plan to focus on for year three, and consider proposed next steps for the 2024–27 Work Plan. An expert on the implementation of the UN Declaration, Roshan Danesh, joined for this item and was introduced to the Committee. Discussion included:
The following strategic advice was provided:
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Item 12: Roundtable |
This Item was for discussion and advances the Relationships and Governance Work Priority, Work Plan Deliverable #5 IAC members went into a roundtable discussion to reflect on the meeting that took place and potential items for consideration moving forward. Topics of discussion included:
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Item 13: Closing Remarks |
The IAC Chairperson ended the second and final day of meetings with closing remarks and wished everyone well. |
Meeting Summary: November 30 and December 1, 2022
The Canada Energy Regulator Indigenous Advisory Committee (IAC) and the Board of Directors had a joint meeting in-person on November 30 and December 1, 2022. The meeting was opened with a prayer from Elder Irene Morin from Enoch Cree Nation followed by welcoming remarks from the IAC Chairperson and the CER Board Chairperson
The IAC Chairperson and Chief of Staff opened the meeting by reviewing adjustments to the agenda. The IAC Leadership gave an update on communication, engagement, and other activities that occurred since the last meeting. They also provided an overview of the Line Wide Gatherings that took place at the end of November with the Trans Mountain Expansion and Line 3 Indigenous Advisory and Monitoring Committees (IAMCs).
The CER Chairperson provided updates about recent discussions of the Board, including Board recruitment efforts to increase Indigenous leadership and representation, renewal of the IAC, and explained how IAC advice has been incorporated by the organization. The CEO offered operational updates related to a variety of topics including ongoing work related to Indigenous Engagement Mechanisms and a first-of-its-kind agreement with an Indigenous organization on a data energy sharing project as part of the CER’s commitment to advancing Reconciliation.
The Director, Indigenous Cultural Competency provided the Committee with an update on work planned regarding the CER’s proposed National Indigenous Engagement Plan. IAC members and Directors provided advice on additional considerations to take into account as the plan is finalized.
The Acting Vice President, Regulatory Strategy and Coordination provided an overview of the Onshore Pipeline Regulations (OPR) Review, including a status update, the results of Phase 1 engagement, highlights from the OPR What We Heard Report and next steps. Committee members provided advice on the planned Phase 2 engagement process. The Professional Leader, Environment provided an overview of the updates to the filing manual. IAC members and Directors provided advice on additional considerations to take into account including adjusting timelines to account for capacity restrictions and ensure alignment with similar initiatives. Proposed changes to language utilized at the CER was also discussed and accepted for incorporation.
On the second day, the Board and Committee received an update on the planned engagement process with Indigenous experts that the CER intends to undertake to continue to advance the implementation of the UN Declaration within the CER’s mandate. IAC members and Directors provided feedback on identifying Indigenous experts to be engaged and other matters. A former industry executive was invited to share their experiences working with Indigenous partners on various projects and discussed the importance of building trust and relationships, and how an individual can make an impactful difference.
For the IAC-only meeting in the afternoon, the Commission joined the group for a presentation from the Department of Justice (DOJ). DOJ provided an overview of the work underway regarding the implementation of the UN Declaration across the Government of Canada, including the development of a proposed action plan. IAC members emphasized the need for national oversight of all initiatives related to the UN Declaration to maximize efficiency and efficacy. IAC members then met as a group to discuss the results of the IAC assessment and engage in a roundtable discussion.
The meeting concluded with closing remarks from Elder Irene Morin from Enoch Cree Nation who wished everyone well.
Day 1: Wednesday, November 30, 2022 |
Item 1: Opening Prayer, Welcome & Land Acknowledgement |
The Indigenous Advisory Committee (IAC) Chairperson called the joint meeting to order. The meeting opened with a prayer from Elder Irene Morin from Enoch Cree Nation, who was introduced by the Chair of the Governance Committee of the Board of Directors. The IAC Chairperson provided opening remarks, welcoming participants to the meeting and thanking Elder Irene Morin for starting off the meeting in a good way. The new Métis National Council IAC member nominee was welcomed to the Committee. IAC Members, the Board of Directors, and CER staff introduced themselves and their respective roles pertaining to the CER. The Chairperson of the Board provided a land acknowledgement from where the meeting took place, on the traditional territories of the people of the Treaty 7 region in Southern Alberta, which includes the Blackfoot Confederacy (comprising the Siksika, Piikani, and Kainai First Nations). Treaty 7 territory also includes the Tsuut’ina First Nation, and the Stoney Nakoda (including the Chiniki, Bearspaw, and Wesley First Nations). The City of Calgary is home to Métis Nation of Alberta, Region III. |
Item 2: Preliminary Matters |
The Chief of Staff provided an overview of the meeting agenda and it was accepted via consensus. The IAC meeting minutes for September 26–27, 2022 were held for approval until the following day due to technical difficulties in accessing them and were subsequently approved. |
Item 3: IAC Leadership Update |
This Item was for information and discussion and advances the Relationships and Governance Work Priority, Deliverable #4. The IAC Chairperson summarized the communication, engagement and other activities undertaken by IAC leadership since the last IAC meeting. Discussions pertaining to leadership meetings and CER activities were shared throughout the meeting, including various presentations and meetings that IAC leadership attended to build external relations for the Committee as whole. A debrief of the Line Wide Gatherings that took place for both the Trans Mountain Expansion and Line 3 Indigenous Advisory and Monitoring Committees (IAMCs) was also provided. IAC members and Directors discussed options for engaging with the IAMCs, including:
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Item 4: CER Leadership Update – Updates from the Board of Board Chair and CER CEO |
This Item was for information and discussion and advances the Relationships and Governance Work Priority, Deliverable #3. The Board Chairperson highlighted updates that have been made to the IAC Advice Register and shared the outcome of recent discussions of the Board for awareness:
The CEO provided updates related to CER operational activities, including:
Topics of discussion included:
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Item 5: National Indigenous Engagement Plan |
This item was for strategic advice and discussion and advances Cultural Competency and Change Management Work Priority, Work Plan Deliverable #17. The Director, Indigenous Cultural Competency provided an overview of updates and work planned regarding the CER’s proposed National Indigenous Engagement Plan. The purpose of the item was to seek advice and input from the Committee and Board on whether the correct components had been identified for the plan and what other considerations should be taken into account in the development and implementation of the plan. The following strategic advice was provided:
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Item 6: Regulatory Framework Improvements: OPR Review – What We Heard Report; Filing Manual Update |
This item was for strategic advice and direction and advances the Indigenous peoples’ involvement in regulatory oversight Work Priority, Work Plan Deliverable #18. The Executive Vice President, Regulatory introduced both items up for discussion related to regulatory framework improvements. OPR Review: What We Heard Report The Acting Vice President, Regulatory Strategy and Coordination provided an overview of the Onshore Pipeline Regulations Review, including a status update, the results of Phase 1 engagement, highlights from the OPR What We Heard Report and next steps. The purpose of the item was to seek advice and input from the Committee and Board on Phase 2 of the planned engagement process. The following strategic advice was provided:
Filing Manual Update The Professional Leader, Environment provided an overview of the updates to the filing manual from the traditional, unceded territory of the Anishinaabe Algonquin Nation. The purpose of the item was to seek advice and input from the Committee and Board on the proposed approach. The following strategic advice was provided:
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Item 7: Language Evolution |
This item was for strategic advice and direction and advances the Cultural Competency and Change Management Work Priority, Work Plan Deliverable #17. The Professional Leader, Environment, with support from the Professional Leader, Reconciliation, provided an overview of the proposed changes to language utilized at the CER regarding how Indigenous Peoples are referred to in working and official documents. The purpose of the item was to seek advice and input from the Committee and Board on the proposed language changes. The following strategic advice was provided:
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Day 2: Joint Board-IAC, Morning, Thursday, December 1, 2022 |
Item 8: Welcome & Land Acknowledgement |
The Board Chairperson opened the meeting and welcomed IAC and Board members back to the meeting. She also walked through the agenda and plan for the day. The Board Chairperson provided a land acknowledgement from the traditional territories of the people of the Treaty 7 region in Southern Alberta, which includes the Blackfoot Confederacy (comprising the Siksika, Piikani, and Kainai First Nations). Treaty 7 territory also includes the Tsuut’ina First Nation, and the Stoney Nakoda (including the Chiniki, Bearspaw, and Wesley First Nations). The City of Calgary is home to Métis Nation of Alberta, Region III. |
Item 9: Implementing the UN Declaration within the CER’s Mandate |
This Item was for information and discussion and advances the UN Declaration Work Priority, Work Plan Deliverable #9-13. The CER’s General Counsel provided an overview of work that has taken place since the September meetings, including plans underway to engage Indigenous experts on advancing initiatives related to the UN Declaration at the CER. Topics of discussion included:
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Item 10: Industry Best Practices for Indigenous Partnership |
This Item was for information and discussion and advances the UN Declaration Work Priority, Work Plan Deliverable #9. A former industry executive shared their experiences working with Indigenous partners on various projects, the importance of building trust and relationships, and the difference that an individual can make. Topics of discussion included:
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Item 11: Connection Time/Director Photos |
Time was provided to allow participants to connect informally, and for a Director to have their photo taken for the CER external postings. |
Day 2: IAC Only, Afternoon, Thursday, December 1, 2022 |
Item 12: Welcome to IAC Meeting |
The IAC Chairperson opened the IAC-only portion of the meeting and welcomed IAC members back to the meeting. He also walked through the agenda and plan for the afternoon. to IAC Meeting |
Item 13: Implementing the UN Declaration within the CER’s Mandate – Department of Justice Presentation |
This Item was for information and discussion and advances the UN Declaration Work Priority, Work Plan Deliverable #9-13. The Assistant Deputy Minister, Indigenous Rights and Relations Portfolio from the Department of Justice, provided an overview of the work underway regarding the implementation of the UN Declaration across the Government of Canada, including the development of a proposed action plan. CER Commissioners also joined IAC members to hear the presentation from the Department of Justice. Topics of discussion included:
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Item 14: Roundtable |
This Item was for Discussion and advances the Relationships and Governance Work Priority, Work Plan Deliverable #5 The Chief of Staff provided an overview of the IAC Assessment results. Topics of discussion included:
IAC members went into a roundtable discussion to reflect on the meeting that took place and potential items for consideration moving forward. Topics of discussion included:
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Item 15: Closing Remarks |
Elder Irene Morin from Enoch Cree Nation ended the second and final day of meetings with closing remarks and wished everyone well. |
Meeting Summary: September 26–27, 2022
The Canada Energy Regulator Indigenous Advisory Committee (IAC) met virtually on September 26–27, 2022. The meeting was opened with a prayer from Elder Genevieve Solway from the Treaty 7 Siksika Nation.
The IAC Chairperson and Director, Executive Office opened the conversation by reviewing adjustments to the agenda given changes in schedules. The IAC Leadership provided an update on their communication, engagement, and other activities since the last meeting. An overview of the planned self-assessment process of Committee members was also provided.
The IAC received updates from the CER Chairperson highlighting recent discussions of the Board, including renewal of the IAC, and explaining how IAC advice has been incorporated Tthe CEO offered operational updates related to a variety of topics including ongoing work related to the renewal of the Indigenous Advisory and Monitoring Committees (IAMC) and activities related to Indigenous involvement and issues management.
The Director, Executive Office provided the Advisory with an update on changes made and planned for the IAC Advice Register to account for input received by both the IAC and the Board of Directors. IAC members discussed options for conveying the tangible impacts of advice provided by the IAC to the CER.
The IAC received a presentation from Natural Resources Canada on the planned Indigenous Ministerial Arrangements Regulations engagement process. IAC members emphasized the need to take a multi-faceted approach to consultation that is forward looking and also incorporates lessons learnt from past approaches while taking into account the potential consultation fatigue experienced by Indigenous partners. The Committee noted that pursuing meaningful relationships will support the collaborative decision-making process.
On the second day, the Committee received an update on the planned engagement process with Indigenous experts that the CER intends to undertake to continue to advance the implementation of the UN Declaration within the CER’s mandate. IAC members provided feedback on identifying Indigenous experts to be engaged. The CEO also provided an update on the CER’s strategic plan and noted the importance of building meaningful relationships with Indigenous peoples outside of the adjudicative process.
IAC members provided strategic advice on the CER’s Indigenous Recruitment, Retention, and Advancement Strategy. Advice highlighted the challenges of protecting the identities of individuals that identify as Indigenous and developing strategies to prevent perception of preferential treatment of Indigenous employees. Committee members recommended the incorporation of a communication element into the strategy and highlighted the importance of mentorship pertaining to career advancement.
The new Professional Leader, Reconciliation and new Lead Commissioner were both introduced to the IAC.
The meeting concluded with closing remarks from a Committee member and the Executive Vice President, Transparency and Strategic Engagement wished everyone well.
Day 1: Monday, September 26, 2022 |
Item 1: Opening Prayer, Welcome & Land Acknowledgement |
The Indigenous Advisory Committee (IAC) Chairperson called the meeting to order. The meeting was opened with a prayer from Elder Genevieve Solway from Treaty 7 Siksika Nation, who was introduced by the CER’s Administrative Assistant, Policy and Coordination. The IAC Chairperson provided opening remarks, welcoming participants to the meeting and thanking Elder Genevieve Solway for starting off the meeting in a good way. The Chairperson of the Board provided a land acknowledgement from the traditional and unceded ancestral lands of the Lkwungen People, in particular, the Esquimalt and Songhees First Nations on south Vancouver Island and wished to pay them her respect, while also honouring the traditional territories of all participants. The Chief Executive Officer (CEO) offered a land acknowledgement from where she is located – the traditional territories of the people of the Treaty 7 region in Southern Alberta, which includes the Blackfoot Confederacy (comprising the Siksika, Piikani, and Kainai First Nations). Treaty 7 territory also includes the Tsuut’ina First Nation, and the Stoney Nakoda (including the Chiniki, Bearspaw, and Wesley First Nations). The City of Calgary is home to Métis Nation of Alberta, Region III. |
Item 2: Preliminary Matters |
With a few slight adjustments, the meeting agenda was accepted. IAC Members approved the minutes for the IAC June 15-17, 2022 meeting. The Director, Executive Office provided an overview of completed and outstanding action items and reviewed changes to the agenda, including how items will be shifted around to accommodate schedules. |
Item 3: Leadership Update |
This Item was for Information and Discussion and advances the Relationships and Governance Work Priority, Deliverable #4 The IAC Chairperson summarized the communication, engagement and other activities undertaken by IAC leadership since the last IAC meeting. Discussions pertaining to leadership meetings and CER activities were shared throughout the meeting, including an overview of the process that the IAC would be undertaking following the September 2022 IAC meetings to assess the functioning of the committee as well as a self-assessment. IAC members discussed options for continual engagement with the entire Committee in the period between official meetings, including:
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Item 4: CER Progress Update – Updates from the Board of Directors and CER CEO; IAC Advice Register |
This Item was for Information and Discussion and advances the Relationships and Governance Work Priority, Deliverable #3 The Board Chairperson highlighted updates that have been made to the IAC Advice Register and shared the outcome of recent discussions of the Board for awareness:
The CEO noted that a new written format for providing operational updates was used for this meeting. Updates included ongoing work with the Indigenous Advisory and Monitoring Committees (IAMC); CER activities related to Indigenous involvement and issues management; new methods for Indigenous Monitors and Inspection Officers to work together; the Onshore Pipeline Regulations Review; and the CEO and IAC Chairperson’s keynote address at the International Pipeline Conference to share the Indigenous engagement and reconciliation work underway at the CER.
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Item 5: Communicating IAC Impact and Progress / Advice Register |
This item was for information and discussion and advances the Relationships and Governance Work Priority, Work Plan Deliverable #6 The Director, Executive Office highlighted updates that have been made to the IAC Advice Register and what adjustments are planned. First, advice has been separated out into two documents: advice already implemented, and advice requiring ongoing work. Second, to improve communication of advice, the secretariat proposed methods for conveying the tangible impacts of advice received from the Advisory. Topics of discussion included:
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Item 6: Presentation on Indigenous Ministerial Arrangements Regulations engagement process |
This item was for information and discussion and advances the Relationships and Governance Work Priority, Work Plan Deliverable #6 The Senior Director of Pipelines, Gas, and LNG from Natural Resources Canada (NRCan) provided a land acknowledgement from the traditional unceded territory of the Algonquin Anishinaabeg People. From the presentation, he provided an overview of the department’s work to date and upcoming plans regarding the Indigenous Ministerial Arrangements Regulations engagement process. Topics of discussion included:
Elder Genevieve Solway ended the first day of meetings with closing remarks and wished everyone well. |
Day 2: Tuesday, September 27, 2022 |
Item 7: Opening Prayer, Welcome & Land Acknowledgement |
The Director, Executive Office opened the meeting and welcomed IAC members back to the meeting. She also walked through the agenda and plan for the day. The CER’s General Counsel provided a land acknowledgement from the traditional territories of the people of the Treaty 7 region in Southern Alberta, which includes the Blackfoot Confederacy (comprising the Siksika, Piikani, and Kainai First Nations). Treaty 7 territory also includes the Tsuut’ina First Nation, and the Stoney Nakoda (including the Chiniki, Bearspaw, and Wesley First Nations). The City of Calgary is home to Métis Nation of Alberta, Region III. |
Item 8: Implementing the UN Declaration within the CER’s Mandate |
This Item was for information and advances the UN Declaration Work Priority, Work Plan Deliverable #10-13. The CER’s General Counsel provided an overview of plans to engage Indigenous experts on advancing work regarding the UN Declaration at the CER. Topics of discussion included:
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Item 9: CER Strategic Plan |
This Item was for information and discussion and advances the Relationships and Governance Work Priority, Work Plan Deliverable #7. The CEO provided an overview of the strategic priorities within the CER’s Strategic Plan and highlights of work underway. Topics of discussion included:
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Item 10: Indigenous Recruitment, Retention and Advancement Strategy |
This Item was for Discussion and advances the Cultural Competency and Change Management Work Priority, Work Plan Deliverable #15 The Executive Vice President of Transparency and Strategic Engagement provided an overview of the strategy presented and noted that improving cultural competency at the CER involves a two-fold plan. First, ensuring that all staff regardless of background have a strong foundation and understanding of reconciliation. Second, that Indigenous staff feel safe and a sense of belonging within the organization to improve retention and advancement, in addition to recruitment. The purpose of the item was to seek advice and input from the Committee on whether the strategy had been characterized and framed appropriately. The following strategic advice was provided:
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Item 11: Introduction of New Leadership at the CER |
This item was to introduce Committee members to the new Professional Leader, Reconciliation, and Lead Commissioner. The new Professional Leader, Reconciliation was introduced to the Committee and shared her initial impressions of working within the CER compared to previous external experiences. The new Lead Commissioner was also introduced to Committee members and shared a few observations. |
Item 12: Roundtable |
This Item was for Discussion and advances the Relationships and Governance Work Priority, Work Plan Deliverable #5 A roundtable discussion was deferred to a separate meeting to take place prior to the next IAC meeting. |
Item 13: Closing Remarks |
A member of the Committee provided closing remarks and the Executive Vice President, Transparency and Strategic Engagement wished everyone well in lieu of the Elder being unable to join due to technical difficulties. |
I, the undersigned, hereby certify these to be the minutes of the Canada Energy Regulator Indigenous Advisory Committee and Board-IAC meetings held 26–27 September 2022.
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Chairperson of the IAC
Signed on November 30, 2022
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Chief of Staff and Corporate Secretary
Signed on November 30, 2022
Meeting Summary: June 15–17, 2022
The Canada Energy Regulator Indigenous Advisory Committee met in Calgary, Alberta on June 15-17, 2022. The Board of Directors participated in the meeting on June 15 (afternoon) and June 16. The meeting was opened with a prayer from Elder Donald Rowan from the Tsuut’ina Nation.
The IAC Chairperson and Chief of Staff opened a roundtable discussion for IAC members on the progress of the committee, priorities, and next steps. IAC Members discussed various topics, including the need to strengthen the working relationship between the IAC and Indigenous Advisory and Monitoring Committees (IAMCs). IAC Members also had an introductory meeting with employees from the CER’s Indigenous Employee Circle (IEC) to build relationships and share information.
IAC Members and Directors, employees from the IEC, the CER Lead Commissioner, Deputy Lead Commissioner, as well as several executives and staff participated in the opening of an Elders Room at the CER’s Centre-10 office.
The IAC and Board also received updates from the CER Chairperson highlighting recent discussions of the Board and explaining how IAC advice has been incorporated, and from the CEO related to a variety of operational topics including an update on the Onshore Pipeline Regulations (OPR) Review, and progress on implementing the CER’s Reconciliation strategic priority.
On the second day, the IAC and Board provided strategic advice on the CER’s draft Indigenous Cultural Competency (ICC) Framework. Advice highlighted the challenges of a single framework that covers First Nations, Métis, and Inuit perspectives as well as all communities. Further, discussion highlighted that cultural competency expectations should vary across positions, with increased expectations for senior leaders. The IAC and Board also co-endorsed, by consensus, a CER Statement on Reconciliation.
The Secretary of the Commission provided an overview of the Commission for IAC Members. Members raised questions around cultural competency, procedural fairness, and Indigenous knowledge.
The meeting concluded with the IAC approving, by consensus, a visual identity logo for the IAC.
Elder Jeanette Starlight from Tsuut’ina Nation ended the meeting with a prayer and wished everyone well.
Wednesday, June 15, 2022 |
Item 1: Opening Prayer, Welcome & Land Acknowledgement |
The Indigenous Advisory Committee (IAC) Chairperson called the meeting to order. The meeting was opened with a prayer from Elder Donald Rowan from the Tsuut’ina Nation, who was introduced by the CER’s Technical Specialist, Indigenous Engagement. The IAC Chairperson provided opening remarks, welcoming participants to the meeting and thanking Elder Donald Rowan for starting off the meeting in a good way. The IAC Chairperson offered an acknowledgement of the traditional territories of the area, accompanied by an invitation to learn more deeply about the Indigenous peoples in the local areas where people reside. |
Item 2: Preliminary Matters |
The meeting agenda was accepted, as presented. IAC Members approved the minutes for the IAC March 2–4, 2022 meeting. |
Item 3: Roundtable Discussion |
This Item was for Discussion and advances the Relationships and Governance Work Priority, Deliverable #5 The purpose of this item was for IAC members to discuss progress of the committee, priorities, and next steps. The IAC Chairperson and Chief of Staff introduced this discussion and welcomed feedback from IAC members. Topics of discussion included:
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Item 4: Meeting the Indigenous Employee Circle |
This Item was for Information and advances the Cultural Competency and Change Management Work Priority, Work Plan Deliverable #16 IAC Members had an introductory meeting with employees from the Indigenous Employee Circle (IEC). The purpose of this meeting was to build relationships and share information. IAC members expressed appreciation for this opportunity and would like to continue conversations with the IEC. |
Item 5: Opening of Elders Room at C-10 with the Board, IAC, and IEC |
This Item advances the Cultural Competency and Change Management Work Priority, Work Plan Deliverable #14 IAC and Board members, employees from the IEC, the CER Lead Commissioner, Deputy Lead Commissioner, as well as several executives and staff participated in the opening of Elders Room at Centre-10. Elder Donald Rowan and his Helper, David Meguinis, attended the event in-person to open the Elder’s Room with ceremony. Siksika Elders’ Carol Manyheads and Hannah Owl Child, Bearspaw Elder Virginia Wesley, Wesley Elder Winnie Beaver, Chiniki Elder Una Wesley and Elder Toby also attended virtually. The opening of the Elders Room will help support the Elders-in-Residence program, which is a flagship deliverable under the CER’s Reconciliation strategic priority. |
Item 6: Leadership Update |
This Item was provided for Information and Discussion and advances the Relationships and Governance Work Priority, Deliverable #4 The Leadership Update from the IAC Chair and Vice-Chairperson included an update on their activities over the intervening months. Discussions pertaining to leadership meetings and CER activities were shared throughout the meeting. |
Item 7: CER Progress Update – Report from the Board and Updates to IAC Advice Register; Updates from CER CEO |
This Item was for Information and Discussion and advances the Relationships and Governance Work Priority, Deliverable #3 The Board Chairperson highlighted updates that have been made to the IAC Advice Register and shared the outcome of recent discussions of the Board for awareness:
The CEO provided updates on a variety of topics including the CER’s ongoing work with the Indigenous Advisory and Monitoring Committees for the Trans Mountain and Line 3 pipelines; regulatory matters; the CER’s ongoing work on the next Canada’s Energy Future Report; the Onshore Pipeline Regulations (OPR) Review; progress on implementing the Reconciliation strategic priority, and progress to hire a Professional Leader of Reconciliation. Topics of discussion included:
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Item 8: IAC Terms of Reference |
This Item was for Co-Endorsement and advances the Relationships and Governance Work Priority; Work Plan Deliverable #1 The Chief of Staff provided an overview of the changes made to the IAC Terms of Reference document. Members requested revisions to Item #16, including deletions and the addition of the word “national” to acknowledge National Indigenous Organizations. The other proposed changes noted in the document were accepted. The Board and IAC co-endorsed the IAC Terms of Reference by consensus, with the advice described above incorporated. |
Day 2: Thursday, June 16, 2022 |
Item 9: Opening Prayer, Welcome & Land Acknowledgement |
The IAC Chairperson and Board Chair opened the meeting and welcomed IAC and Board members back to the meeting. |
Item 10: Cultural competency and change management |
This Item was for Strategic Advice and advances the Cultural Competency and Change Management Work Priority, Work Plan Deliverable #14 The Executive Vice-President Transparency and Strategic Engagement introduced staff. The Director, Indigenous Cultural Competency provided an overview of an early draft of the Indigenous Cultural Competency (ICC) Framework and sought the Board and IAC’s advice and feedback. It was noted that the ICC Framework is intended to be a foundation on which to build a culturally competent organization that supports a culturally competent workforce. An overview of current and future initiatives and deliverables was provided, including an acknowledgement of the launch of the Reconciliation Strategic Priority. The following strategic advice was provided:
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Item 11: CER Statement on Reconciliation |
This Item was for Co-Endorsement and advances the Indigenous Peoples’ involvement in Regulatory Oversight Work Priority; Work Plan Deliverable #18 The Executive Vice-President Transparency and Strategic Engagement provided an overview of the Statement on Reconciliation. Changes to the previous version were highlighted, including input from the various arms of the governance structure and the IEC. Topics of discussion included:
The Board and IAC co-endorsed, by consensus, the CER Statement on Reconciliation, with the advice and minor revision described above incorporated. |
Item 12: Three-Year IAC Work Plan |
This Item was for Co-Endorsement. The Chief of Staff provided an overview of the changes made to the Three-Year IAC Work Plan, including updates to timelines, noting that the approach was to maintain the plan largely as is recognizing we are only in year two of the plan. Members requested changes to Items #10 and #11, which included a discussion of work related to the implementation of UN Declaration and a reordering of items. Members also suggested that staff revisit the Work Plan to evaluate key objectives. The Board and IAC co-endorsed the Three-Year IAC Work Plan, by consensus, with the advice described above incorporated. |
Item 13: Walk though IAC Sharepoint (Teams) resources |
This Item was for Information and Discussion. CER staff will follow-up with IAC Members to address challenges accessing the MS Teams page. CER staff will update the IAC’s Teams page and find ways to improve accessibility. |
Meeting Feedback |
The IAC Chairperson led a discussion on meeting feedback. Meeting feedback included:
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Day 3: Friday, June 17, 2021 |
Item 14: Welcome and Land Acknowledgement |
The IAC Chairperson called the meeting to order. |
Item 15: Overview of the CER Commission |
This item was for Information and Discussion and advances the Crown Consultation and Accommodation Work Priority; Work Plan Deliverable #20. The Secretary of the Commission offered a land acknowledgement from where she joined the meeting – the traditional unceded territory of the Anishnaabeg People. The following topics were included in the presentation: Commissioner backgrounds, Commission structure, Commission jurisdiction, Commission function, decision-making processes and pathways, and an overview of the Office of the Secretary. The following discussion was provided:
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Item 16: IAC Discussion – Consider an IAC visual |
This Item was for Discussion and advances the Relationships and Governance Work Priority; Work Plan Deliverable # 5 A graphic designer from the CER’s communications team presented options for the IAC’s visual identity. IAC members expressed appreciation for the work presented. Option #1 was approved by consensus by IAC members present, including support for various colour options. |
Item 17: Closing Remarks |
Elder Jeanette Starlight from Tsuut’ina Nation ended the meeting with a prayer and wished everyone well. |
Meeting Adjourned at 11:11 am MT on June 17, 2022
Recording Secretary: Laurel Sherret, Chief of Staff
Meeting Summary: March 2–4, 2022
The Canada Energy Regulator Indigenous Advisory Committee (IAC) met virtually on 2-4 March 2022. The meeting was opened by Elder John Watson from Ochapowace Nation.
The Chief of Staff opened the conversation with an overview of progress on action items as well as noting that the majority of IAC Members have agreed to continue for a third year with the committee and that the CER will be engaging with National Indigenous Organizations (NIOs), as well as others including the IAC, about the longer- term renewal of IAC membership in summer 2023.
The IAC Leadership provided an update on their communication, engagement, and other activities since the last meeting. IAC Members discussed correspondence directed to the IAC, set in the context of adjudicative matters before the Commission.
The IAC also received updates from the CER Chairperson highlighting recent discussions of the Board and explaining how IAC advice has been incorporated, and from the CEO related to a variety of operational topics including response to flooding in British Columbia, and the safe return of the Trans Mountain and Line 3 pipelines.
The IAC discussed the CER’s Regulatory Framework with a specific focus on the Onshore Pipeline Regulations (OPR). Members highlighted the limited capacity of individuals, Nations, and communities to meaningfully engage in the OPR review, hence the importance of clearly conveying what feedback is being sought and how it may connect to broader legislative and regulatory changes.
The second day of the meeting was opened with a traditional welcoming song and prayer from ElderBlackstockCatherineBlackstockBlackstock, Gitxsan Hereditary Chief.
The IAC reviewed and provided strategic advice on an the CER’s roadmap for enhancing the involvement of Indigenous peoples in regulatory. IAC members emphasized the need to focus on the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration) articles most salient to the CER’s work to measure the CER’s meaningful implementation of the UN Declaration and the importance of having metrics in place to measure the success of the roadmap and its activities.
IAC Members provided input to company-regulated Indigenous Monitoring Programs in the context of regulatory change and the CER regulatory framework. Members expressed the need to build technical capacity and technical skillsets at the community level so that Indigenous peoples can have meaningful conversations throughout all phases of the project lifecycle. A need for standards to ensure companies are providing appropriate training to Indigenous monitors was also noted.
The IAC was introduced to the Secretary of the Commission who acknowledged the importance of ensuring the advice of the IAC is considered in the Commission’s work at a broad strategic level, noting that the IAC does not provide advice on any decision made by the Commission. IAC Members discussed what a relationship between the Commission and IAC could look like with an introductory meeting between the Commission and the IAC Leadership as a proposed next step.
The meeting concluded with the IAC approving, by consensus, the IAC Progress and Impact Report with a few modifications and moving to a Tier One discussion on proposed updates and clarifications to the IAC Terms of Reference.
Elder Catherine Blackstock ended the meeting with closing remarks and wished everyone well.
Wednesday, March 2, 2022 |
Item 1: Opening Prayer, Welcome & Land Acknowledgement |
The Indigenous Advisory Committee (IAC) Chairperson called the meeting to order. The meeting was opened with a prayer from Elder John Watson from Ochapowace Nation, who was introduced by the CER’s Technical Specialist, Indigenous Engagement. The IAC Chairperson provided opening remarks, welcoming participants to the meeting and thanking Elder John Watson for starting off the meeting in a good way. The Chairperson of the Board provided a land acknowledgement from the traditional and unceded ancestral lands of the Lkwungen People, in particular, the Esquimalt and Songhees First Nations on south Vancouver Island and wished to pay them her respect, while also honouring the traditional territories of all participants. The Board Chairperson acknowledged the amount of valuable advice the IAC has shared with the CER since its establishment. The Chief Executive Officer (CEO) offered a land acknowledgement from where she is located – the traditional territories of the people of the Treaty 7 region in Southern Alberta, which includes the Blackfoot Confederacy (comprising the Siksika, Piikani, and Kainai First Nations). Treaty 7 territory also includes the Tsuut’ina First Nation, and the Stoney Nakoda (including the Chiniki, Bearspaw, and Wesley First Nations). The City of Calgary is home to Métis Nation of Alberta, Region III. |
Item 2: Preliminary Matters |
The meeting agenda was accepted, as presented. The Chief of Staff provided an overview of completed and outstanding action items, including a need to continue work to formalize communication between National Indigenous Organization (NIO) direct nominees and their respective nominating organizations. An initial meeting to discuss was held between the three nominated IAC Members and IAC leadership. It was also noted that IAC Members will be continuing for a third year with the committee. The CER will be engaging with NIOs, as well as others including the IAC, about the longer term renewal of IAC membership in summer 2023. It was suggested that the CER consider the inclusion of additional youth members as part of the 2023 IAC renewal. IAC Members approved the minutes for the IAC December 15-17, 2021 meeting and the IAC meeting of February 9, 2022. |
Item 3: Leadership Update |
This Item was for Information and Discussion and advances the Relationships and Governance Work Priority, Deliverable #4 The IAC Vice-Chairperson summarized the communication, engagement and other activities undertaken by IAC leadership since the last IAC meeting. This included regular meetings with CER and Board leadership to continue to build relationships, discuss the IAC’s work progress, and to provide early feedback on CER initiatives in relation to the IAC. The Committee discussed correspondence directed to the IAC, set in the context of adjudicative matters before the Commission:
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Item 4: CER Progress Update – Updates from the Board of Directors and CER CEO; IAC Advice Register |
This Item was for Information and Discussion and advances the Relationships and Governance Work Priority, Deliverable #3 The Board Chairperson highlighted updates that have been made to the IAC Advice Register and also shared the outcome of recent discussions of the Board for awareness:
The CEO provided updates on a variety of topics including response to flooding in British Columbia, and the safe return of the Trans Mountain pipeline to maximum operating pressure. The CEO discussed the CER’s ongoing work with the Indigenous Advisory and Monitoring Committees for the Trans Mountain and Line 3 pipelines; the CER’s flagship Canada’s Energy Future 2021 Report and future work to model net-zero; and the CER’s progress to hire a new Professional Leader, Reconciliation. Topics of discussion included:
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Item 5: Regulatory Framework, Governance, and the Onshore Pipeline |
This Item was for Information and Discussion and advances the Indigenous Peoples involvement within Regulatory Oversight Work Priority, Deliverable #18 The Executive Vice-President Regulatory provided an overview of the CER’s Regulatory Framework, associated governance roles and responsibilities, with a specific focus on the OPR. The purpose of the presentation was to set the context for the regulatory workshop on Indigenous Monitoring to be held with the IAC on March 3, 2022. Topics of discussion regarding the OPR review included:
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Day 2: Thursday, 3 March 2022 |
Item 6: Opening Prayer, Welcome & Land Acknowledgement |
The IAC Chairperson welcomed back the participants and asked them if they had any thoughts to share from the previous day’s discussion. It was noted that while the IAC Advice Register is helpful, it would be valuable to capture the key themes articulated by IAC, in particular those that are relevant to common initiatives across the Government of Canada. It would also be important to demonstrate how these key themes effect change and are incorporated into different CER policies and practices. The meeting was opened with a traditional welcoming song and prayer from Elder Catherine Blackstock, Gitxsan Hereditary Chief, who was introduced by the CER’s Technical Specialist, Indigenous Engagement. The IAC Chairperson thanked Elder Blackstock for starting the meeting off in a good way. |
Item 7: Strategy for Indigenous Peoples’ Involvement in Lifecycle Oversight |
This Item was for Strategic Advice and advances the Indigenous Peoples’ involvement in Regulatory Oversight Work Priority, Deliverable # 18 The Executive Vice-President Transparency and Strategic Engagement provided an overview of the CER’s Roadmap for Enhancing the Involvement of Indigenous Peoples in Regulatory Oversight and sought the IAC’s advice and feedback on the CER’s proposed strategy. The following strategic advice was provided:
A need for IAC support to identify Indigenous experts to advise the CER on how to implement the UN Declaration. Need assistance on the interpretation of jurisprudence (case law) both at a systemic and specific level by Indigenous legal experts. Start by holding an exploratory meeting with these individuals to flesh out the key issues to be addressed. The Executive Vice-President Transparency and Strategic Engagement emphasized that the CER Roadmap is aiming for systematic change; it is a strategy for how the CER will implement regulations and use other specific tools. Any further IAC feedback would be welcome over the next three weeks. |
Item 8: Regulatory Workshop: Indigenous Monitoring |
This Item was for Strategic Advice and advances the Indigenous Peoples’ involvement in Regulatory Oversight Work Priority, Deliverable #18 The Director Environmental Protection set the stage for the regulatory workshop by providing an overview of company-regulated Indigenous Monitoring Programs (IMPs) in the context of regulatory change and the CER regulatory framework. The purpose of the workshop was
The following strategic advice was provided:
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Day 3: Friday, March 4, 2021 |
Item 9: Preparation for IAC Leadership Meet and Greet with the Commission |
This Item was for Information and Discussion and advances the Crown Consultation and Accommodation Work Priority, Deliverable #20 The Chief of Staff introduced the Vice-President Secretary of the Commission who acknowledged the importance of ensuring the advice of the IAC is considered in the Commission’s work at a broad strategic level, noting that the IAC does not provide advice on any particular decision made by the Commission. Following a roundtable of introductions, the Chief of Staff explained that the purpose of the discussion was to explore what a relationship between the Commission and IAC could look like. An introductory meeting between the Commission and the IAC Chairperson and Vice-Chairperson is proposed in the coming months. It was noted that any interaction between the Commission and the IAC would proceed with full transparency as outlined in the IAC Terms of Reference. Topics of discussion included:
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Item 10: IAC Annual Progress and Impact Report |
This item was for Endorsement and advances the Relationships and Governance Work Priority, Deliverable #3 The Chief of Staff reviewed the changes made to the report since the IAC meeting February 9, 2022, including the clarification that IAC Members do not represent rights holders and that the Board retains its legislative authority when initiatives are co-developed between the IAC and Board. The term cultural competency was expanded to cultural competency and humility. Topics of discussion included
The report was approved by consensus with the above changes incorporated. |
Item 11: IAC Discussion and Review of Terms of Reference |
This Item was for Discussion and advances the Relationships and Governance Work Priority, Deliverables #1 and 5 Key outcomes of the IAC Discussion included:
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Item 12: Closing Remarks |
Elder Catherine Blackstock ended the meeting with closing remarks and wished everyone well. |
Meeting Adjourned at 1:00 pm MT on March 4, 2022
Recording Secretary: Katherine Murphy, Chief of Staff
Meeting Minutes: February 9, 2022
Wednesday, February 9, 2022 |
Item 1: Welcome & Land Acknowledgement |
The Indigenous Advisory Committee (IAC) Chairperson called the meeting to order. Chief Harvey McLeod offered an opening prayer to start the meeting in a positive way. |
Item 2: Preliminary Matters |
The meeting agenda was accepted, as presented. |
Item 3: Discussion: IAC Role and Approach to Work; Progress To-Date |
This Item was for Discussion and advances the Relationships and Governance Work Priority The IAC Chairperson highlighted that the intent of the discussion is an opportunity to re-centre the work and role of the IAC. The Chief of Staff provided an overview of a draft IAC Progress & Impact Report highlighting the purpose of the report as well as key areas of progress. The IAC Progress & Impact Report is intended to be an annual report that is shared publicly once finalized. Discussion included:
The next step is for the draft Progress and Impact Report to be discussed with the Board of Directors, then finalized for IAC endorsement at the March Regular Meeting. |
Item 4: Closing Remarks |
IAC Members provided closing remarks. |
Meeting Adjourned at 3:00 pm MT on February 9, 2022
Recording Secretary: Katherine Murphy, Chief of Staff
Meeting Summary: December 15–17, 2021
The Canada Energy Regulator Indigenous Advisory Committee (IAC) met virtually on December 15–17, 2021. The meeting was opened and closed by Elder Jeannette Starlight from Tsuut’ina Nation.
The meeting began with an update from IAC Leadership on their communication, engagement and other activities since the last meeting. The IAC also received updates from the CER Chairperson highlighting recent discussions of the Board and explaining how IAC advice has been incorporated, and from the CEO related to a variety of topics including recent flooding in British Columbia, and the Commission’s upcoming reviews of pipeline abandonment cost estimates.
The IAC approved a Communications and Engagement Protocol for the Committee.
The IAC reviewed and provided strategic advice on a CER summary of Supreme Court of Canada direction regarding Crown consultation and accommodation. The importance of juxtaposing with the UN Declaration, and ensuring the document captures the perspectives of Indigenous peoples was emphasized.
The IAC reviewed and provided input into a series of items it is co-developing with the Board of Directors on implementing the UN Declaration within the CER’s mandate. The IAC discussed the complexity of mapping key articles of the UN Declaration to the CER’s mandate, and provided feedback on a draft CER Statement on Reconciliation. The IAC considered draft Terms of Reference for a Working Group of Directors and IAC Members on the UN Declaration.
The IAC met with the Co-Chairs of the Indigenous Advisory and Monitoring Committees (IAMCs) for Trans Mountain and Line 3. The Indigenous Co-Chairs shared their perspectives and experiences including lessons learned, challenges and recommendations for moving forward with renewal of the IAMCs. The group discussed how the relationship between the IAC and IAMCs could be formalized.
The Members then held an IAC Discussion on Committee progress and next steps.
Day 1: Wednesday, December 15, 2021 |
Item 1: Opening Prayer, Welcome & Land Acknowledgement |
The Indigenous Advisory Committee (IAC) Chairperson called the meeting to order. The meeting was opened with a prayer from Elder Jeannette Starlight from Tsuut’ina Nation, who was introduced by the CER’s Technical Specialist, Indigenous Engagement. The IAC Chairperson provided opening remarks, welcoming participants to the meeting and thanking Elder Jeannette Starlight for starting off the meeting in a good way. The Chief Executive Officer (CEO) offered a land acknowledgement from where she is located – the traditional territories of the people of the Treaty 7 region in Southern Alberta, which includes the Blackfoot Confederacy (comprising the Siksika, Piikani, and Kainai First Nations). Treaty 7 territory also includes the Tsuut’ina First Nation, and the Stoney Nakoda (including the Chiniki, Bearspaw, and Wesley First Nations). The City of Calgary is home to Métis Nation of Alberta, Region 3. |
Item 2: Preliminary Matters |
The meeting agenda was accepted, as presented. IAC Members approved the minutes for the IAC August 23, 2021 meeting and the Joint IAC Board meeting August 31 and September 2–3, 2021. |
Item 3: Leadership Update |
This Item was for Information and Discussion and advances the Relationships and Governance Work Priority, Deliverable #4 The IAC Chairperson and Vice-Chairperson summarized the communication, engagement and other activities undertaken by IAC leadership since the last IAC meeting. This included regular meetings with CER leadership and discussions with individual IAC Members including in relation to the pace of the IAC’s progress. It was noted that the discussions with individual Members could be used to help identify additional areas of work where IAC Members have expressed interest and/or availability. It was suggested that a competency matrix or similar tool be developed for the IAC to reflect Members’ skill sets and areas of interest. |
Item 4: CER Progress Update – Update from the Board of Directors; IAC Advice Register; IAC Work Plan |
This Item was for Information and Discussion and advances the Relationships and Governance Work Priority, Deliverable #3 The Board Chairperson highlighted that updates have been made to the IAC Advice Register and also shared the outcome of recent discussions of the Board for awareness:
The Chief Executive Officer provided updates on a variety of topics including: CER response to the recent flooding in British Columbia; renewal of the Indigenous Advisory and Monitoring Committees (IAMCs); and the Commission of the CER’s upcoming reviews of both Abandonment Cost Estimate and Set-Aside and Collection Mechanisms for all pipeline companies the CER regulates. The CEO shared that the CER is hiring a Professional Leader, Reconciliation. The CER is seeking interest from an IAC member to advise the EVP, Transparency and Strategic Engagement on the hiring process for this position. Topics of discussion included:
The CER will update the IAC on feedback received during the engagement phase of the OPR review and the IAC will continue to be engaged during key phases of the multi-year review. |
Item 5: IAC Communications and Engagement Protocol |
This Item was for Decision and advances the Relationships and Governance Work Priority, Deliverable #6 The Chief of Staff noted that the draft IAC Communications and Engagement Protocol had been updated to reflect the IAC’s September 2021 comments related to the role of the Vice-Chair and media enquiries. The IAC approved the Communications and Engagement Protocol by consensus. |
Item 6: Supreme Court of Canada Direction on Crown Consultation and Accommodation |
This Item was for Strategic Advice and advances the Crown Consultation and Accommodation Work Priority, Deliverable #19 The Executive Vice-President Law and General Counsel provided an overview of a CER document that summarizes Supreme Court of Canada’s (SCC) direction regarding Crown consultation and accommodation. The document is a foundational piece to be used as a resource moving forward. The following strategic advice was provided:
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Day 2: Thursday, December 16, 2021 |
Item 7: Implementing the UN Declaration within the CER’s mandate |
These Items were for Co-Development and advance the UN Declaration Work Priority, Deliverables #10-13 Application of the UN Declaration within the CER’s mandate The Executive Vice-President Law and General Counsel provided an overview of the CER’s proposed approach to implementing the UN Declaration and sought the IAC’s input on a foundational document to inform the CER’s understanding of where there is a connection between key articles of the UN Declaration and the CER mandate. Input provided to the co-development process:
Draft Statement on Reconciliation The Executive Vice-President Transparency and Strategic Engagement provided an overview and sought the IAC’s input on the CER’s draft Statement on Reconciliation, specifically whether it captures the IAC’s earlier input and inspires transformational change in how the CER will move forward with Reconciliation. Input provided to the co-development process:
The Chairperson of the Board noted that it is important that the CER and the IAC are building these pieces as a collaborative process. Co-development of the Statement on Reconciliation should take the time necessary for the IAC and the Board of Directors to develop a statement that resonates with both groups. Terms of Reference for IAC Working Group on UN Declaration The CER Chief of Staff provided an overview of the proposed IAC-Board working group on the UN Declaration and sought IAC endorsement of their Terms of Reference. The working group would be a mechanism for CER staff to get early input on CER initiatives related to the implementation of the UN Declaration. The Group would not have delegated authority; formal advice on specific deliverables would come from the full IAC and Board of Directors. Input provided to the co-development process:
The IAC Chairperson encouraged IAC members to take a closer look at the Terms of Reference for the Working Group with the goal to endorse it and move forward in the New Year. |
Day 3: Friday, December 17, 2021 |
Item 8: Annual Engagement with Indigenous Advisory and Monitoring Committees’ Indigenous co-chairs |
This Item was for Information and Discussion and advances the Relationships and Governance Work Priority, Deliverable #8 The IAC Chairperson provided opening remarks on the opportunities for learning between the IAC and the IAMCs and the need to elevate the lessons learned to a more strategic level. This discussion is an opportunity to begin the conversation on how to formalize the relationship between the three committees. The Executive Vice-President Transparency and Engagement and the CER Chief of Staff provided an overview of the two IAMCs and IAC. Following the initial presentation, the IAMC Indigenous Co-Chairs shared their perspectives and experiences, including lessons learned, challenges and recommendations for moving forward with renewal of their funding program for the next five years. Topics of discussion included:
As a next step in developing a formalized relationship between the two IAMCs and the IAC, it was proposed that a presentation to the IAMCs on the IAC be given. The Chief of Staff will coordinate with IAC leadership. |
Item 9: IAC Discussion |
The IAC went in-camera (with the Chief of Staff) to discuss priorities, progress, and next steps. Action items from the IAC Discussion are:
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Item 10: Closing Remarks |
Elder Jeannette Starlight ended the meeting with a closing prayer and wished everyone well. |
Meeting Adjourned at 1:00 pm MT on December 17, 2021
Recording Secretary: Katherine Murphy, Chief of Staff
Meeting Summary: August 31 and September 2–3, 2021
The Canada Energy Regulator Indigenous Advisory Committee (IAC) met virtually on August 31 and September 2–3, 2021. The Board of Directors participated in the meeting on August 31 and September 2. The meeting was opened with a prayer from Elder Vera Marie Crowchild from Tsuut’ina Nation.
The CER Executive Vice-President Law and General Counsel opened a conversation on the CER’s path towards reconciliation. IAC Members and Directors agreed to co-develop a Statement on Reconciliation, based on a set of principles or commitments which are grounded in the work of the regulator.
A subsequent item was presented by the Executive Vice-President Regulatory on a draft Indigenous Knowledge Policy Framework, led by the Impact Assessment Agency of Canada. IAC Member and Director views were sought on the draft Framework in the CER’s context. Discussion highlighted the challenges of a single policy framework that covers First Nations, Métis, and Inuit perspectives as well as all communities. Further, discussion highlighted the need to consider the draft principles through the lens of the UN Declaration and the United Nations Declaration on the Rights of Indigenous Peoples Act.
An upcoming review of the Onshore Pipeline Regulations (OPRs) was discussed, with a focus on the engagement process. Discussion included the need to analyze feedback that has been received to date on the OPRs as a means to inform the engagement process and areas that require updates. Members also expressed interest in understanding how the United Nations Declaration on the Rights of Indigenous Peoples Act would be considered within the OPR review along with other potential subjects such as economic reconciliation and energy transition.
The Chief of Staff proposed, for IAC discussion, an initial approach to additional IAC work between quarterly meetings with a goal to build and maintain relationships, increase awareness and capacity of the CER and its mandate, ensure the IAC is fully integrated into the CER’s governance structure, and help deliver on the ambitious work plan. Further discussion will follow at the next IAC meeting.
The Members then entered a Tier One discussion to discuss priorities, interests, and next steps.
Day 1: Tuesday, August 31, 2021 |
Item 1: Opening Prayer, Welcome & Land Acknowledgement |
The Indigenous Advisory Committee (IAC) Chairperson called the meeting to order. The meeting was opened with a prayer from Elder Vera Marie Crowchild from Tsuut’ina Nation, who was introduced by the CER’s Technical Leader, Indigenous Advisor and Cultural Protocol. The IAC Chairperson provided opening remarks, welcoming participants to the meeting and thanking Elder Vera Marie Crowchild for starting off the meeting in a good way. The Board Chairperson provided a land acknowledgement from the territories she was participating from on Vancouver Island, while also honouring the traditional territories of all participants. The Board Chairperson noted that it was the first anniversary since the establishment of the IAC and that it has been a shared learning journey together. |
Item 2: Preliminary Matters |
The meeting agenda was accepted, as presented. |
Item 3: Roundtable |
Three new CER Directors had been appointed since the last IAC meeting. Through a roundtable, IAC Member and Directors of the Board introduced themselves; sharing where they were joining from, and why they joined the IAC or the Board of Directors. |
Item 4: CER Progress Update – Update from the Board of Directors; IAC Advice Register; IAC Work Plan |
The Board Chairperson provided an update on the IAC Advice Register and the IAC Work Plan noting:
Topics of discussion included:
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Item 5: Working Definition of Reconciliation |
As part of the UN Declaration IAC Work Priority, this item is co-developed between the IAC and the Board. The CER Executive Vice-President Law and General Counsel opened the item by providing context on the item stemming from the IAC Work Plan and implementation plan of the Reconciliation Strategic Priority. With early input from IAC and Board Leadership, the item is being presented to support a conversation between the Board and IAC on the path forward towards reconciliation and how best to collaboratively approach this effort. The IAC and Board agreed to co-develop a Statement on Reconciliation, based on a set of principles or commitments which are grounded in the work of the regulator. The following strategic advice was given to be incorporated into the co-development process:
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Day 2: Thursday, September 2, 2021 |
Item 6: Opening Prayer, Welcome & Land Acknowledgement |
The meeting was opened with a prayer from Elder Vera Marie Crowchild from Tsuut’ina Nation. The IAC Chairperson welcomed participants back to the meeting and thanked Elder Vera Marie Crowchild for starting off the meeting in a good way. The Board Chairperson acknowledged the territories of all participants, thanking IAC and Board members for openly sharing their thoughts about reconciliation during the previous day’s discussion. |
Item 7: Government of Canada Indigenous Knowledge Policy Framework |
As part of the Crown Consultation and Accommodation IAC Work Priority, the IAC provided advice and input to the Board on this item. The Executive Vice-President Regulatory provided an overview of the development and content of the draft Indigenous Knowledge Policy Framework, led by the Impact Assessment Agency, and sought the IAC and Board of Directors’ advice on the draft Framework in the CER’s context. Advice and input included:
The Vice President Indigenous Relations and Reconciliation confirmed that feedback will be provided to the Impact Assessment Agency and that the discussion will continue. Further, he confirmed that CER specific guidance would be developed once the Indigenous Knowledge Policy Framework is in place. |
Item 8: Onshore Pipeline Regulations: Overview and process for amendment |
As part of the Indigenous Peoples’ Involvement in Regulatory Oversight IAC Work Priority, the IAC provided advice and input to the Board on this item. The Executive Vice-President Regulatory provided an overview of the Onshore Pipeline Regulations (OPRs) and the scope of the upcoming regulatory review noting that the work to date has benefited from feedback received from the Indigenous Advisory Monitoring Committees (IAMCs) on the current regulations. The purpose of the presentation was to seek advice and input on the upcoming CER engagement and review process. Advice and input included:
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Item 9: Closing Remarks |
Elder Vera Marie Crowchild wished everyone well. |
Day 3: Friday, September 3, 2021 |
Item 10: Opening Prayer, Welcome & Land Acknowledgement |
The Indigenous Advisory Committee (IAC) Chairperson called the meeting to order. The meeting was opened with a prayer from Elder Vera Marie Crowchild from Tsuut’ina Nation. |
Item 11: Proposed Approach to Working Between Meetings |
As a result of feedback from IAC Members and in the course of developing the IAC Work Plan a discussion on the potential of IAC work between meetings was requested by the Committee. The Chief of Staff noted that the purpose of potential additional work would be to build and maintain relationships, increase awareness and capacity of the CER and its mandate, ensure the IAC is fully integrated into the CER’s governance structure, and help deliver on the ambitious work plan. A variety of options were presented and discussed. Topics of discussion included:
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Item 12: IAC Tier One Discussion |
The IAC went in camera to discuss priorities, progress, and next steps. In a de-brief of the Tier One discussion, the following points were highlighted:
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Item 13: Closing Remarks |
Elder Vera Marie Crowchild encouraged participants to stay safe and healthy, take care of themselves and family, and not work too hard on the important tasks ahead. |
Meeting Adjourned at 1:00 pm MT on September 3, 2021
Recording Secretary: Katherine Murphy, Chief of Staff
Meeting Summary: August 23, 2021
The Canada Energy Regulator Indigenous Advisory Committee (IAC) met virtually on August 23, 2021. The meeting was opened with a prayer from Chief Harvey McLeod.
IAC leadership provided a report to the Committee on their communication, engagement, and other activities over the previous quarter. The Chief of Staff provided a presentation, for discussion, of the CER governance and organization structure.
The Chief of Staff introduced for IAC feedback a Communications and Engagement Protocol to support efficient, meaningful, and effective communication and engagement by the IAC Members with CER staff and external parties. The Committee discussed the Agenda for the upcoming Joint IAC and Board of Directors Meeting, and the CER General Counsel attended to discuss, for feedback, the approach to an item on a Statement on Reconciliation. The IAC had a Tier One discussion, and the IAC Chairperson closed the meeting.
Monday, August 23, 2021 |
Item 1: Welcome & Land Acknowledgement |
The Indigenous Advisory Committee (IAC) Chairperson called the meeting to order. The meeting was opened with a prayer from Chief Harvey McLeod. The Chief Executive Officer (CEO) offered a land acknowledgement from where she is located – the traditional territories of the people of the Treaty 7 region in Southern Alberta, which includes the Blackfoot Confederacy (comprising the Siksika, Piikani, and Kainai First Nations). Treaty 7 territory also includes the Tsuut’ina First Nation, and the Stoney Nakoda (including the Chiniki, Bearspaw, and Wesley First Nations). The City of Calgary is home to Métis Nation of Alberta, Region 3. |
Item 2: Preliminary Matters |
The meeting agenda was reviewed and IAC Members approved the minutes for the May 4–5, 2021 meeting. The Chief of Staff noted that current health measures in place for the CER, as a federal government entity, continue to restrict non-essential interprovincial travel. When feasible, in-person meetings of the IAC will be organized recognizing the benefits of meeting together. The IAC Members endorsed a new approach for a meeting summary being approved by the IAC Chairperson and Vice-Chairperson immediately following the IAC meeting, to enable timely and transparent communication of IAC activities, prior to formal approval of the full meeting minutes at the next regular IAC meeting. |
Item 3: IAC Leadership Update |
The IAC Chairperson and Vice-Chairperson provided a written summary report of their ongoing meetings with the CER, together with any key communications of relevance. The Chairperson summarized activities undertaken by IAC leadership since the May IAC Meeting including:
Areas of discussion included
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Item 4: CER Organizational Structure |
Responding to a prior request of the IAC, the Chief of Staff provided a written and verbal overview of the CER organization structure including how the CER fits within the Natural Resources Canada portfolio, CER governance structure, including roles and responsibilities of each arm of the governance structure; and organization chart noting that the IAC material comes together from across the organization and IAC advice is integrated back into each of those areas. Areas of discussion included:
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Item 5: IAC Communications and Engagement Protocol |
The Chief of Staff presented a draft IAC Communications and Engagement Protocol for discussion and feedback. The protocol is intended to support efficient, meaningful, and effective communication and engagement by the IAC Members with CER staff; as well as with external parties including Indigenous Nations, communities, and organizations, the CER’s regulated industry, other stakeholders, and media. Areas of discussion included:
The Chief of Staff will circulate the draft protocol to IAC Members via email for additional comments. The protocol will be brought back to the IAC at the November meeting for formal endorsement. However, as the content is not materially new, the CER would continue to operationalize it in practice in the meantime. |
Item 6: September Meeting Look-Ahead |
Agenda for September Meetings The Chief of Staff walked through the Agenda items for the meetings on Augusut 31 and September 2–3, 2021. The CER Executive Vice-President Law and General Counsel provided context on the agenda item on a working definition of Reconciliation in the CER context; a deliverable in the IAC work plan under the UN Declaration priority. Incorporating guidance from IAC and Board Leadership, staff are bringing forward an item that shifts focus from defining reconciliation to articulating the CER’s overall path forward to achieve reconciliation through the implementation of the UN Declaration. This path forward would also align with the CER’s Reconciliation Strategic Priority. Areas of discussion included:
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Item 7: IAC Tier One Discussion |
IAC members held a Tier One discussion. |
IAC Chairperson closed the meeting.
Meeting Adjourned at approximately 1:00 pm MT on August 23, 2021
Recording Secretary: Katherine Murphy, Chief of Staff
Meeting Summary: May 4–5, 2021
The Canada Energy Regulator Indigenous Advisory Committee (IAC) met virtually on May 4–5, 2001. The meeting was opened with a prayer from Elder Doreen Bergum from the Métis Nation of Alberta Region 3.
The Chief of Staff introduced an IAC Advice Register as a standing item to track IAC advice, CER Board responses and the status of any implementation. IAC members agreed with the overall structure, and to the use of this document as a tracking tool, going forward.
The Vice-President Field Operations provided an overview of Indigenous peoples’ involvement in compliance and oversight with the CER, with a focus on Indigenous monitoring, to start the discussion on lessons learned and possible approaches to co-development of a broader, systemic approach for CER-regulated infrastructure. IAC members expressed a desire to strengthen the relationship between the IAC and IAMCs to ensure IAMC lessons learned can be brought to the IAC to be incorporated into their strategic advice to the CER. Members also highlighted the importance of sustained and targeted training for Indigenous monitors, and in finding ways to expand the role such that it is full-time, long-term, and stable with consideration being given to mentoring and succession planning.
The members then entered into a Tier One discussion, without CER staff present.
The second day began with a summary from the IAC Tier One discussion. IAC members confirmed Tribal Chief Tyrone McNeil as the IAC Chairperson and Kaella-Marie Earle as IAC Vice-Chairperson for a term ending July 31, 2022. Members expressed an interest in engaging in a dialogue on energy transition and the need to obtain clarity on their role and space within the CER, to allow them to effectively provide advice and influence change.
The next substantive item discussed was the IAC work plan. Key topics of discussion included the work priority related to Crown Consultation and Accommodation; and the importance of clear communication of technical information. The IAC work plan was endorsed, in principle, recognizing that it is a living document that will be continually improved and maintained in an evergreen manner.
The remainder of the meeting was devoted to a presentation from Mary Ellen Turpel-Lafond on the implementation of the UN Declaration in the CER context, through her reflections on Bill C-15 An Act Respecting the United Nations Declaration on the Rights of Indigenous Peoples. Ms. Turpel-Lafond noted the importance of the CER, working collaboratively with the IAC, to develop tools on key aspects of the UN Declaration. Participants’ reflections included the importance of the CER continuing to engage a team of Indigenous thought leaders on implementing the UN Declaration. The CER was encouraged, with the assistance and advice of IAC members, to put a UN Declaration lens on its regulatory tools and continue to break new ground.
Day 1: Tuesday, May 4, 2021 |
Item 1: Opening Prayer, Welcome & Land Acknowledgement |
The Indigenous Advisory Committee (IAC) Chairperson called the meeting to order. Participants were asked to take a moment of silence to remember all those who had been lost to COVID-19 in their communities and beyond. The meeting was opened with a prayer from Elder Doreen Bergum from the Métis Nation Alberta Region 3, who was introduced by the Canada Energy Regulator’s (CER) Technical Leader, Indigenous Advisor and Cultural Protocol. The IAC Chairperson provided opening remarks, welcoming participants to the meeting and noting several items that were upcoming on the agenda, including a draft work plan. The Board Chairperson provided a land acknowledgement from the territories she was participating from in south Vancouver Island, also honouring the traditional territories of all participants. |
Item 2: Preliminary Matters |
The meeting agenda was accepted, as presented. The Chief of Staff asked IAC members if they had any concerns with the minutes for the February 4–5, 2021 meeting. None were noted. Members approved the minutes. |
Item 3: CER Progress Update – IAC Leadership Report; IAC Advice Register |
IAC Leadership Report The IAC Chairperson summarized the communication, engagement and other activities undertaken by IAC leadership since the February IAC Meeting including:
IAC Advice Register The Chief of Staff introduced an IAC Advice Register as a standing item to track IAC advice, CER Board responses and the status of implementation. Members discussed the format and structure of the IAC Advice Register. Suggested amendments included:
Following the discussion, IAC members accepted the overall structure, and agreed to the use of this document as a tracking tool going forward. |
Item 4: Indigenous Peoples’ Involvement in Regulatory Oversight |
The CER Executive Vice-President Regulatory gave opening comments. The Vice-President Field Operations provided an overview of Indigenous peoples’ involvement in compliance and oversight, with a focus on Indigenous monitoring. The purpose of the presentation was to start the discussion on lessons learned, future objectives, and possible approaches to co-development of a broader, systemic approach to compliance and oversight, for CER-regulated infrastructure. Key topics and discussion points raised during and following the presentation included:
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Item 5: IAC Tier One Discussion- Confirmation of IAC Chairperson and Vice-Chairperson |
Day 2: Wednesday, May 5, 2021 |
Item 6: Opening Prayer, Welcome & Land Acknowledgement |
The meeting was opened with a prayer from Elder Doreen Bergum from the Métis Nation Alberta Region 3. The Technical Leader, Indigenous Advisor and Cultural Protocol provided a land acknowledgement from the territories she was participating from in Calgary, Alberta, also honouring the traditional territories of all participants. |
Item 7: De-brief from IAC Tier One Discussion |
The IAC Chairperson provided a summary of the members’ in camera discussion noting:
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Item 8: Work Plan |
The Chief of Staff provided an overview of the IAC work plan, for discussion and endorsement. During the discussion, members raised the following points on the format and content of the work plan:
Following their discussion, members moved to endorse, in principle, the IAC work plan, recognizing that it is a living document and will be continually improved and maintained in an evergreen manner, including through additional discussions and input from the Committee. The motion carried on a consensus basis. The Chief of Staff indicated that she would continue to discuss the above points with IAC and Board to make continual improvements. The next step will be for the IAC work plan to be brought to the upcoming meeting of the Board for review. |
Item 9: UN Declaration in the CER Context |
The IAC Chairperson welcomed guest speaker Mary Ellen Turpel-Lafond. The IAC Chairperson also noted that the Board of Directors were in attendance for the presentation, to further joint learning on the UN Declaration. The CER Executive Vice-President Law and General Counsel provided brief opening remarks, noting Mary Ellen Turpel-Lafond’s recent appearance at the House of Commons Standing Committee on Indigenous and Northern Affairs in the review of Bill C-15 An Act Respecting the United Nations Declaration on the Rights of Indigenous Peoples. Ms. Turpel-Lafond then provided a framework for understanding the implementation of the UN Declaration in the CER context through her reflections on Bill C-15. Key topics and discussion points raised during and following the presentation included:
The CER was encouraged, with the assistance and advice of IAC members, to put a UN Declaration lens on its regulatory tools and continue to break new ground. |
Item 10: Closing Remarks |
Elder Doreen Bergum gave a closing prayer. The IAC Chairperson and Chief of Staff provided brief closing remarks. |
Meeting Adjourned at 1:14 pm MT on May 5, 2021
Recording Secretary: Katherine Murphy, Chief of Staff
Meeting Summary: February 4-5, 2021
The Canada Energy Regulator Indigenous Advisory Committee (IAC) and the Board of Directors met virtually on February 4–5, 2021. The meeting was opened with a prayer from Elder Doreen Bergum from the Métis Nation of Alberta Region 3, and a land acknowledgement from the Board Chairperson, from south Vancouver Island.
The first substantive item discussed was the draft IAC Terms of Reference (ToR). The CER Chief of Staff thanked IAC members who assisted in clarifying the terminology in the ToR related to the Métis Nation and the role of members appointed by the National Indigenous Organizations. It was noted that the ToR was also amended to reflect a continual approval approach. The ToR were co-endorsed by all participating Directors and IAC members.
The Vice President Energy Adjudication provided an overview and sought IAC advice on the CER’s approach to Crown Consultation; including work being undertaken and planned. The discussion following the presentation focused on the need for the CER to clearly define the roles and processes though the consultation process and for Indigenous perspectives obtained through consultation to be integrated from the earliest stages, and incorporated throughout, as part of the hearing process. Capacity gaps were also identified as a significant barrier to meaningful and effective consultation.
The second day began with a presentation from International Chief Wilton Littlechild on the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration). Chief Littlechild provided a framework for understanding the UN Declaration, through his reflections and experiences on the creation and history of the UN Declaration. Chief Littlechild provided important context to the Articles of the UN Declaration all of which are positive, solution-based, and represent minimum standards of human rights. Participants’ reflections on the discussion focused on the importance of a clear and unequivocal commitment to implementing the UN Declaration, and of not taking a legalistic approach. The importance of working together was emphasized throughout the discussion.
The remainder of the meeting was devoted to a discussion on a draft IAC work plan. Key topics of discussion included how to most effectively set and understand work priorities, and evaluate progress on an annual basis. The CER will have one-on-one discussions with individual members before the next meeting; comments will be incorporated, and a revised work plan will be brought back for co-endorsement in the spring.
Day 1: Thursday, February 4, 2021 |
Item 1: Opening Prayer, Welcome & Land Acknowledgement |
The Indigenous Advisory Committee (IAC) Chairperson called the meeting to order. The meeting was opened with a prayer from Elder Doreen Bergum from the Métis Nation Alberta Region 3, who was introduced by the Canada Energy Regulator’s (CER) Technical Leader, Indigenous Advisor and Cultural Protocol. The Board Chairperson provided a land acknowledgement from the territories she was participating from in south Vancouver Island, also honouring the traditional territories of all participants. |
Item 2: Preliminary Matters |
The CER Chief of Staff introduced and welcomed the new Executive Administrator to the IAC. The Chief of Staff asked IAC members if they had any concerns with the minutes for the December 9–10, 2020 meeting. It was noted that all previously approved IAC meeting minutes were ready to be posted on the CER external website. IAC members approved the minutes for the December 9–10, 2020 meeting. |
Item 3: CER Progress Update – Terms of Reference |
The CER Chief of Staff thanked IAC members who assisted in clarifying the terminology in the Terms of Reference (ToR) related to the Métis Nation and the role of members nominated by the National Indigenous Organizations. It was noted that the ToR was also amended to reflect a continual improvement approach. The IAC Chairperson asked Committee members and the Board of Directors if they had any further comments or concerns before they could move to co-endorse the ToR, on the basis of an agreement by consensus. Key topics and discussion points raised on the ToR included:
The Chief of Staff explained that the ToR would be posted on the CER website, and shared with National Indigenous Organizations and other interested Indigenous Nations and communities, regulated companies and other government departments over the coming weeks. |
Item 4: Welcome and Introduction of International Chief Wilton Littlechild |
The CER Technical Leader, Indigenous Advisor and Cultural Protocol introduced International Chief Wilton Littlechild, a guest speaker on the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration). The IAC members, Directors, and senior CER leadership introduced themselves, after which the IAC Chairperson provided Chief Littlechild with a brief overview of the mandate of the IAC. It was noted, in particular, that the Board and the Committee had just co-endorsed the IAC ToR, which includes a foundational statement that the work and advice of the IAC will be grounded and guided by the UN Declaration. Chief Littlechild acknowledged the traditional territories from where everyone was speaking, and provided some preliminary reflections on the UN Declaration, his own experiences, and the work of the IAC. |
Item 5: CER Approach to Crown Consultation |
The Executive Vice-President Regulatory gave opening comments. The Vice-President Energy Adjudication provided an overview, and sought IAC advice on the CER’s proposed approach to Crown Consultation. Key topics and discussion points raised on the presentation included:
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Day 2: Friday, February 5, 2021 |
Item 6: An Initial Discussion – United Nations Declaration on the Rights of Indigenous Peoples in the CER Context and Update on Federal Legislation |
The Board Chairperson welcomed back Chief Littlechild. The CER Executive Vice-President Law and General Counsel provided brief opening remarks, noting:
Chief Littlechild then provided a framework for understanding the UN Declaration, through his reflections and experiences on the creation and history of the UN Declaration. Key topics and discussion points raised during and following the presentation included:
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Item 7: IAC Work Plan |
The Chief of Staff discussed the broad approach for the IAC work plan, which is a living document. The proposed three-year plan provided was based on the advice of CER management and is a representation of potential items that could be brought to the IAC for advice. Key topics and discussion points raised included:
The Chief of Staff discussed the broad approach for the IAC work plan, which is a living document. The proposed three-year plan provided was based on the advice of CER management and is a representation of potential items that could be brought to the IAC for advice. Key topics and discussion points raised included:
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Item 8: Closing Remarks |
IAC Chairperson and Chief of Staff provided brief closing remarks and comments on next steps. |
Meeting Adjourned at 1:00pm MT on February 5, 2021
Recording Secretary: Katherine Murphy, Chief of Staff
Meeting Summary: December 9–10, 2020
The Canada Energy Regulator Indigenous Advisory Committee (IAC) met virtually on December 9–10, 2020. The meetings began with a prayer from Elder Vera Marie Crowchild from Tsuut’ina Nation, and a land acknowledgement from the CER Board of Directors (Board) Chairperson, from Vancouver Island.
Preliminary matters included approval of the minutes from the IAC meeting on October 14–15, 2020 and the joint Board-IAC meeting on October 26–27, 2020.
The first substantive item discussed was the draft IAC Terms of Reference. Members discussed topics including appropriate terminology and how to reflect the role of IAC Members directly nominated by National Indigenous Organizations.
The Chairperson of the Board of Directors provided members with an update on how the IAC’s comments had been incorporated into the CER Strategic Plan, 2021–22. This was followed by a discussion on the process the CER is developing for requesting and responding to IAC’s advice, and the development of a work plan for the IAC for fiscal year 2021–22.
The Board Chairperson provided an overview of the CER’s governance structure, focusing on the role of the IAC. The IAC then discussed the CER’s Data and Digital Innovation Strategic Priority. Members provided feedback and advice related to data sovereignty, in particular the cataloguing and access to Indigenous knowledge and confidential information.
The second day began with a presentation and general overview on the Indigenous Advisory and Monitoring Committees (IAMC) for Trans Mountain and Enbridge Line 3. Following the presentation, the IAMC Indigenous Co-Chairs shared lessons learned and recommendations for moving forward. The discussion included how the work and mandates of the IAMCs and IAC might intersect.
The CER provided an overview of key projections and findings from the Canada Energy Futures 2020 Report, and discussed the CER’s Energy Information Program. Members provided feedback and advice including on the need to more effectively engage and communicate information to Indigenous Nations and communities.
The Committee finished their meeting with a discussion of the IAC approach to cultural protocols while working in both a virtual and post-pandemic world.
Day 1: Wednesday, December 9, 2020 |
Item 1: Opening Prayer, Welcome & Land Acknowledgement |
The Indigenous Advisory Committee (IAC) Chairperson provided opening remarks. The meeting was opened with a prayer from Elder Vera Marie Crowchild from Tsuut’ina Nation, who was introduced by the CER’s Technical Specialist, Cultural Competence. The Board Chairperson provided a land acknowledgement from the territories she was participating from on Vancouver Island, while also honouring the traditional territories of all participants. |
Item 2: Preliminary Matters |
An overview of the Agenda was provided; no concerns were noted. There was a brief discussion on the minutes for the October 14- 5 and October 26–27 meetings. Through that discussion the CER Chief of Staff confirmed that the IAC meeting minutes would be posted on the CER public website. IAC members generally discussed how to ensure an appropriate level of transparency surrounding IAC meetings, including how best to format and structure the meeting minutes. IAC members approved the minutes for the October 14-15 and October 26–27 meetings. |
Item 3: CER Progress Update |
Based on the discussions, the CER Chief of Staff will bring a revised draft of the ToR back to the joint meeting of the Board and IAC in February 2021.
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Item 4: CER’s Governance Structure – Presentation |
The Board Chairperson provided an overview of the CER’s governance structure, highlighting the differences between the former National Energy Board and the new CER, with a focus on the integral role the IAC plays in the new governance structure. Key topics and discussion points on the presentation included:
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Item 5: Data and Digital Innovation Strategic Priority– Presentation |
The Executive Vice-President Transparency and Strategic Engagement and the Vice President Data and Information Management and Chief Information Officer provided an overview of the CER’s Data and Digital Innovation Strategic Priority – including work being undertaken and planned. Key topics and discussion points raised on the presentation included:
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Day 2: Thursday, December 10, 2020 |
Item 6: Indigenous Advisory and Monitoring Committees for Trans Mountain and Enbridge Line 3 |
The IAC Chairperson provided opening remarks on the opportunities for learning between the IAC and the two Indigenous Advisory and Monitoring Committees (IAMCs). The Executive Vice-President Transparency and Engagement and Vice President Indigenous Relations and Reconciliation provided an overview of the IAMCs for Trans Mountain and Enbridge Line 3. Following the initial presentation, the IAMC Indigenous Co-Chairs for Trans Mountain and Enbridge Line 3 shared their perspectives and experiences, including on lessons learned and recommendations for moving forward. Key topics and discussion points raised throughout the discussion included:
The intersection of the IAC and the IAMCs was discussed, including potential ways the Committees can work together, how IAMC lessons learned can be brought to the awareness of the IAC for consideration in its advice, and how best to leverage the mandate of each Committee to drive change. |
Item 7: Energy Futures 2020 – Presentation |
The CER Chief Economist shared key projections and findings from the CER’s Canada Energy Futures 2020 Report, and discussed the CER’s Energy Information program more broadly. Key topics and discussion points raised on the presentation included:
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Item 8: IAC Approach to Cultural Protocols |
The CER Technical Specialist, Cultural Competence led a discussion with IAC members on the IAC approach to cultural protocols. The CER will continue to invite an Elder for each virtual meeting.
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Item 9: Closing Roundtable |
IAC Chairperson, Board Chairperson and Chief of Staff provided brief closing remarks and next steps, before the facilitator turned it over to a broader closing roundtable with all members. |
Meeting Adjourned at 1:30pm MT on December 10, 2020
Meeting Summary: October 26–27, 2020
The Canada Energy Regulator’s (CER’s) Indigenous Advisory Committee (IAC) and Board of Directors (Board) met virtually in a joint meeting on October 26–27, 2020. The meeting began with a prayer from Elder Vera Marie Crowchild from Tsuut’ina Nation and a land acknowledgement from the Board Chairperson, which honoured the traditional territories of all participants.
Preliminary matters included an overview of the process undertaken to co-develop the Terms of Reference, and a summary of feedback received to date.
The IAC and Board considered the current draft Terms of Reference together with preliminary feedback received, through small group sessions and a larger plenary discussion. Through these conversations, members and Directors discussed potential foundational and guiding principles for the Terms of Reference, which could better reflect Indigenous worldviews throughout the document. Members and Directors also discussed the ways in which the IAC’s advice could be provided, and how it could best influence change within the CER and its regulated industry. The importance of relationships was also discussed, including how various relationships could be developed and maintained.
The IAC members met without the Board to discuss cultural protocol for IAC meetings, before going in camera, to select an interim Chairperson and Vice-Chairperson.
On the second day of the meetings, the members and Directors turned to a discussion on the Strategic Plan– again through the format of small group sessions and a larger plenary discussion. The conversations focused on the inclusiveness of the language used in the Strategic Plan and the ways in which Indigenous involvement and perspectives could be enhanced through the document. The need for an accountability mechanism was also noted. Specific feedback was provided on the Mission and Vision statements, as well as on the four Strategic Priorities.
In the final session, members received an onboarding presentation from Executive Vice-President Regulatory, on the CER’s regulatory lifecycle. Topics covered included: CER jurisdiction; CER regulatory framework; and project lifecycle (project application process; and post-approval oversight).
Day 1: Monday, October 26, 2020 |
Item 1: Opening Prayer, Welcome & Land Acknowledgement |
The meeting opened with a prayer from Elder Vera Marie Crowchild from Tsuut’ina Nation, after being introduced by the CER’s Technical Specialist, Cultural Competence. The Board Chairperson provided a land acknowledgement from the territories she was participating from in the city of Vancouver, including those of the Musqueaum, Squamish Nation and Tsleil-Wauthuth Nation, while also honouring the traditional territories of all participants. The Board Chairperson provided some opening remarks. |
Item 2: Preliminary Matters |
CER Chief of Staff, provided a brief overview of the process undertaken to date to draft the Terms of Reference (ToR). Written and verbal feedback received from the Indigenous Advisory Committee (IAC) and the Board of Directors on the draft ToR was summarized in two documents that were included with the meeting materials. Feedback on these documents was welcomed. Staff will undertake changes to the initial draft ToR, following this meeting. An overview of the Agenda, and general process for the small group sessions was provided. Some members noted that the response to some discussion questions would be preliminary, until members gained a greater understanding of the CER, its governance and processes. |
Item 3: IAC Terms of Reference – Small Group Sessions |
IAC members, Directors of the Board and CER senior leaders broke into small groups to discuss questions on the following four topics: Guiding Principles; Shared Goals; IAC influence within the CER; and short term advice. Highlights from group discussions follow below.
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Item 4: IAC Terms of Reference – Plenary Discussion |
IAC members, directors of the Board and CER senior leaders and staff came back together in plenary for a general discussion on the draft ToR. Topics of discussion through the plenary discussion included:
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Item 5: IAC approach to cultural protocols for meetings |
The CER’s Technical Specialist, Cultural Competence led the IAC members in a discussion on what cultural protocol should look like for Committee meetings.
The members noted that cultural protocol was important. This would help start the meeting off in a good way, to allow for open minds and a safe space. Any protocol is likely to evolve. |
Item 6: Selection of IAC Interim Chairperson and Vice-Chairperson |
IAC members went in camera to select an interim Chairperson and Vice-Chairperson. Tribal Chief Tyrone McNeil was selected as interim Chairperson, and Kaella-Marie Earle was selected as interim Vice-Chairperson. The Interim Chairperson and Vice-Chairperson will hold their positions until May 31, 2021. |
Day 2: Tuesday, October 27, 2020 |
Item 7: Welcome, Introductory remarks on the CER Strategic Plan, and feedback overview |
The Board Chairperson opened the meeting with a land acknowledgment. The Board Chairperson welcomed the new Chairperson and Vice-Chairperson of the IAC; the IAC Chairperson provided some remarks on the selection process. The Board Chairperson then provided a brief summary of the CER 2021–22 Strategic Plan, together with an overview of feedback received to date from the IAC, on the Strategic Plan. |
Item 8: CER Strategic Plan – Small Group Session |
IAC members, Directors of the Board and CER senior leaders broke into small groups to discuss questions on the Strategic Plan; questions were focused on language used in the Strategic Plan, and on enhancing Indigenous involvement and perspectives. Specific areas of discussion included:
Strategic Priorities
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Item 9: CER Strategic Plan – Plenary Discussion |
IAC members, Directors of the Board and CER senior leaders and staff then came back together in plenary for a general discussion on the CER’s Strategic Plan, including the four Strategic Priorities. Highlights from the group discussion include:
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Item 10: The CER’s Regulatory Lifecycle |
CER Executive Vice-President Regulatory, presented to the IAC members on the CER’s regulatory lifecycle. Topics covered included: CER jurisdiction; CER regulatory framework; and project lifecycle (project application process; and post-approval oversight). Some of the key topics and discussion points raised following the presentation included:
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Item 11: Closing Remarks |
CER Chief of Staff provided brief closing remarks, including next steps. |
Action Items |
Meeting Adjourned at 1:00 pm MT on October 27, 2020 |
Meeting Summary: October 14–15, 2020
The Canada Energy Regulator Indigenous Advisory Committee (IAC) met virtually on October 14–15, 2020. The meeting began with a prayer from Elder Sykes Powderface from the Stoney Nakoda Nation, and a land acknowledgement from the CER Chief Executive Officer from the City of Calgary.
Preliminary matters included a recap of the inaugural September 2–3, 2020 IAC meeting, and updates on future meetings.
The first substantive item discussed was the draft IAC Terms of Reference, which is being co-developed with the CER Board of Directors. The members reviewed the initial draft of the document. Through this discussion, members noted important elements that should be included in this foundational document, such as a clear definition of ‘consensus’, a statement on how their advice would be situated within the CER’s broader governance model, and appropriate inclusive language to describe the Indigenous peoples of Canada. Members also sought additional information on their role and mandate; and provided feedback on their vision for how IAC meetings, relationships, and advice could be structured.
The Board Chairperson then provided members with an overview of the draft CER Strategic Plan, 2021–22, for information and preliminary advice. In the discussion following the Chairperson’s presentation, members reflected on ways in which the language could be improved; as well as how certain direct references from the Canadian Energy Regulatory Act could be incorporated.
Finally, the Executive Vice-President Transparency and Strategic Engagement provided an overview of the CER’s Reconciliation Strategic Priority (including work to date and suggested areas of focus going forward), for information and preliminary advice. Members provided feedback and guidance on specific initiatives being undertaken under this strategic priority including Indigenous procurement, the CER cultural competence program, and areas for improvement within regulatory processes.
Day 1: Wednesday, October 14, 2020 |
Item 1: Opening Prayer, Welcome & Land Acknowledgement |
The meeting began with a prayer from Elder Sykes Powderface from the Stoney Nakoda Nation who was introduced by the CER’s Technical Specialist, Cultural Competence. CER Chief Executive Officer (CEO) provided a land acknowledgement from the city of Calgary as host of the Indigenous Advisory Committee (IAC) meeting. |
Item 2: Preliminary Matters |
CER Chief of Staff provided a recap of the inaugural September 2–3, 2020 IAC meeting, noting that the meeting minutes were included in the meeting material. No changes to the minutes were requested. The CER offered to receive comments via email. A number of updates were provided on the September 2–3 meeting action items:
An overview of the Agenda was provided; no concerns were noted. |
Item 3: IAC Terms of Reference – Introduction |
CER Chief of Staff provided an overview of the process to draft the current version of the ToR, noting that it was developed by staff, based on discussions to date with the IAC as well as other precedents. It was noted that the intent of the current meeting is to discuss the key issues and highlight areas to focus discussion for the joint meeting with the Board on October 26–27, 2020. Areas of preliminary discussion included:
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Item 4: IAC Terms of Reference – Plenary Discussion |
IAC members were provided with a draft ToR, which contained preliminary written comments received in advance from some IAC members. Topics of discussion on the draft ToR included:
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Item 5: IAC Terms of Reference – Small Group Workshop Session |
IAC members and CER senior leaders broke into small groups focused on three key areas (Chairperson role and selection process; formulating advice and definition of consensus; and IAC membership, meetings, transparency and communication). Highlights from group discussions follow below. Chairperson role and selection process
Formulating advice and definition of consensus
IAC membership, meetings, transparency and communication
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Day 2: Thursday, October 15, 2020 |
Item 6: Overview of 2021–22 Draft CER Strategic Plan |
The Board Chairperson provided an overview of the draft CER Strategic Plan, 2021–22, for information and preliminary advice. Specifically, the Chairperson discussed the process the Board followed to create the plan and the reasoning behind each component. The Chairperson noted that the Strategic Plan is evergreen. Areas of discussion included:
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Item 7: Overview of CER’s Reconciliation Strategic Priority |
The CER Executive Vice-President Transparency and Strategic Engagement provided an overview of the CER’s Reconciliation Strategic Priority (including work to date and suggested areas of focus going forward), for information and preliminary advice. Areas of discussion included:
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Item 8: Closing Roundtable |
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Action Items |
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Meeting Adjourned at 1:05pm MT on October 15, 2020
Meeting Summary: September 2–3, 2020
The inaugural meeting of the Indigenous Advisory Committee (IAC) was held virtually on September 2–3, 2020. The meeting began with Elder Sykes Powderface, from the Stoney Nakoda Nation from the Calgary area giving opening remarks and a land acknowledgement from the Tsuut’ina Nation’s Grey Eagle Hotel and Conference by video. This was followed by opening and welcome remarks from the Board of Directors and CER Chief Executive Officer (CEO). The Board Chairperson noted that the IAC completes the CER’s governance structure and that the Board wants to co-develop the Committee’s Terms of Reference with the IAC.
The Canada Energy Regulator (CER) provided IAC members with an overview of the governance of the organization, together with an overview of what the CER regulates, and where energy infrastructure is located. The Committee also discussed a potential process for an interim Chairperson and the Guiding Principles for the IAC.
In the second day of the meetings, the IAC met with the Board of Directors, CEO and Lead Commissioner. The Lead Commissioner provided a brief overview of the role of the CER’s Commission. The IAC and the Board also discussed a framework for co-development of the IAC Terms of Reference and potential collaboration moving forward.
Finally, both the Minister of Natural Resources, and the Deputy Minister of Natural Resources Canada provided welcoming remarks.
Day 1: Wednesday, September 2, 2020 |
Item 1: Opening Prayer, Land Acknowledgement, Introductions |
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Item 2: Opening Remarks |
Opening and welcome remarks were provided by the Board of Directors and CER Chief Executive Officer (CEO).
The Elder provided some additional remarks before departing the meeting. He noted the importance of working with youth, helping them and providing guidance as they face racism. |
Item 3: Agenda Review (For Discussion) |
An overview of the Agenda was provided; no concerns were noted. |
Item 4: Overview of Canada Energy Regulator (Onboarding) |
An overview of the CER was provided.
Topics of discussion included:
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Item 5: Working Together: Establishing Ground Rules and Approach to Interim Chairperson (For Discussion and Consideration) |
See the above discussion, which is also relevant to this Agenda Item. Limited time was allocated to this item Topics of discussion included:
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Item 6: Guiding Principles of the IAC (For Discussion) |
See the above discussion, which is also relevant to this Agenda item. Limited time was allocated for this Item. Discussion Included:
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Day 2: Thursday, September 3, 2020 |
Item 7: Meet and Greet with Board of Directors, CEO and Lead Commissioners |
Introductions and welcoming remarks were provided by the Board and Lead Commissioner, followed by Committee member introductions.
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Item 8: Framework for Co-development |
The IAC and the Board discussed approaches to and thoughts on co-development and collaboration moving forward. Topics of discussion included:
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Item 9: Welcome from Natural Resources Canada |
Welcome remarks were provided by the Minister of Natural Resources and Deputy Minister of Natural Resources Canada.
Topics of discussion included:
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Item 10: Closing Roundtable |
Committee members, Directors, CEO and staff made closing remarks. Topics of discussion included:
Action Items
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Meeting Adjourned at 1:30pm MT on September 3, 2020
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